THE CHARTER Granted …
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THE CHARTER Granted by His MAJESTY King CHARLES II. TO The Governor and Company OF The English COLONY OF Rhode-Island AND PROVIDENCE-Plantations, IN NEW-ENGLAND IN AMERICA.

NEWPORT, Rhode-Island: Printed by the Widow FRANKLIN, and to be Sold at the Town School-House. M, DCC, XLIV.

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The CHARTER Granted by His MAJESTY King CHARLES the Second, &c.

CHARLES THE SECOND, by the Grace of GOD, King of England, Scotland, France and Ireland, Defender of the Faith, &c.
To ALL to whom these Presents shall co [...]Greeting.

WHEREAS We have [...] informed by the humble Petition of [...] trusty and well-beloved Subject, Iohn [...] on the Behalf of Benjamin Arnold, William Brenton, [...] Coddington, Nicholas Easton, William Boulston, Iohn [...] Iohn Smith, Samuel Gorton, Iohn Wickes, Roger [...] Thomas Ol [...]ey, Gr [...]gory Dexter, Iohn Coggeshall, Ioseph [...] Randell Holden, Iohn Greene, Iohn Roome, Samuel [...] William Fie [...]d, Iames Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the Purchasers and Free In­habitants of Our Island, called RHODE-ISLAND, and the rest of the Colony of Providence-Plantations, in the Narragan­sett Bay in New-England in America; That They, pursuing with peaceable and loyal Minds, their sober,The Petition, and Grounds of the Grant. serious and religious Intentions of godly Edifying themselves and one another in the Holy Christian Faith and Worship, as they were persuaded; together with the Gaining over and Conversion of the poor ignorant Indian Natives in those Parts of America, to the sincere Profession and Obedience of the same Faith and Worship; did not onl [...] by the Consent and good Encouragement of our Royal Progenitors, transport themselves out of this Kingdom of England into America, but also, since their Arrival there, after their first Settlement amongst other Our Subjects in those Parts, for the avoiding of Discord, and those many Evils which were likely to ensue upon some of those Our Subjects, not being able to bear [...] [...]hose remote Parts, their different Apprehensions in religious [Page 4] Concernments; and in pursuance of the aforesaid Ends, did once again, leave their desirable Stations and Habitations, and with excessive Labour and Travel, Hazard and C [...]rge, did transplant themselves into the midst of the Indian Natives, who, as We are informed, are the most potent Princes and People of all that Country: Where, by the good Providence of GOD, from which the Plantations have taken their Name, upon their Labour and Industry, they have not only been preserved to Admiration, but have increased and prospered, and are seized and possessed, by Purchase and Consent of the said Natives to their full Content, of such Lands, Islands, Rivers, Harbours, and Roads, as are very convenient, both for Plantations, and also for Building of Ships, Supply of Pipe-Staves, and other Mer­chandize; and which lie very commodious, in many Respects, for Commerce, and to accommodate Our Southern Plantations; and may much advance the Trade of this Our Realm, and greatly enlarge the Territories thereof: They having by near Neigh­bourhood to, and friendly Society with the great Body of the Narragansett Indians, given them Encouragement of their own Accord, to subject themselves, their People and Lands unto Us; whereby, as is hoped, there may in Time, by the Blessing of GOD upon their Endeavours, be laid a sure Foundation of Happiness to all America. AND WHEREAS in their humble Address, they have freely declared, That it is much on their Hearts, if they may be permitted, to hold forth a lively experiment, that a most flourishing Civil State may stand and best be maintained, and that among Our English Subjects, with a full Liberty in religious Concernments, and that true Piety, rightly grounded upon Gospel Principles, will give the best and greatest Security to Sovereignty, and will lay in the Hearts of Men the strongest Obligations to true Loyalty. NOW KNOW YE, That WE, being willing to encourage the hopeful Undertakings of Our said Loyal and Loving Subjects, and to secure them in the free Exercise and Enjoyment of all their Civil and Religious Rights, appertaining to them as Our loving Subjects; and to preserve unto them that Liberty in the true Christian Faith and Worship of GOD, which they have sought with so much Travel, and with peaceable Minds and loyal Subjection to Our Royal Progenitors and Our Self, to enjoy; And because some of the People and Inhabitants of the same Colony, cannot in their private Opinions, conform to the Publick Exercise of Religion according to the Liturgy, Forms a [...] Cere­monies of the Church of England, or take or subscribe the Oaths and Articles made and established in that Behalf; and for that the same, by reason of the remote Distances of those Places, will (as We hope) be no Breach of the Unity and Uniformity estab­lished in this Nation; HAVE THEREFORE thought fit, AND DO HEREBY Publish, Grant, Ordain and Decla [...] [Page 5] That Our Royal Will and Pleasure is,The Grant for Liberty of Conscience. That no Person within the said Colony, at any Time hereafter, shall be any wise mo­lested, punished, disquieted or called in Question for any Dif­ferences in Opinion in Matters of Religion, and do not actually disturb the Civil Peace of Our said Colony; but that all and every Person and Persons may from time to time, and at all Times hereafter, freely and fully have and enjoy his and their own Judgments and Consciences in Matters of Religious Con­cernments, throughout the Tract of Land hereafter mentioned; They behaving themselves peaceably and quietly, and not using this Liberty to Licentiousness and Prophaneness, nor to Civil Injury, or outward Disturbance of others; Any Law, Statute, or Clause therein contained or to be contained, Usage or Custom of this Re [...]lm to the contrary hereof in any wise notwithstanding. AND that they may be in the better Capacity to defend them­selves in their just Rights and Liberties, against all the Enemies of [...]he Christian Faith, and others, in all Respects, WE HAVE further thought fit, and at the humble Petition of the Persons aforesaid, are graciously pleased to Declare, That they shall have and enjoy the Benefit of Our late Act of Indemnity and free Pardon, as the rest of Our Subjects in other Our Dominions and Terri [...]yries have: And to Create and Make them a Body Poli [...]ick or Corporate, with the Powers and Privileges herein after mentioned. AND accordingly Our Will and Pleasure is, And of Our especial Grace, certain Knowledge and meer Motion, WE HAVE Ordained, Constituted and Declared, and by these Presents, for Us, Our Heirs and Successors, DO Ordain, Constitute and Declare, That they the said William Brenton, William Coddington, Nicholas Easton, Benedict Arnold, William Boulston, Iohn Porter, Samuel Gorton, Iohn Smith, Patentees. Iohn Wickes, Roger Williams, Thomas Olney, Gregory Dexter, Iohn Coggeshall, Ioseph Clarke, Randal Holden, Iohn Greene, Iohn Roome, William Dyre, Samuel Wilbore, Richard Tew, William Field, Thomas Harris, Iames Barker, Rainsborough Williams, and Iohn Nixon, and all such others as now are, or hereafter shall be admitted, and made free of the Company and Society of Our Colony of Providence-Plantations, in the Narra­gansett Bay in New-England; Shall be, from time to time, and for ever heareafter, a BODY CORPORATE and POLITICK, in Fact and Name, by the Name of, THE GOVERNOR AND COMPANY OF THE English COLONY of RHODE-ISLAND AND PROVIDENCE-PLANTATIONS, IN New-England IN America. And that by the same Name, They, and their S [...]ccessors, shall and may have perpetual Succession; and shall and may be Persons able and capable in Law, to Sue and be Sued, to Plead and be Impleaded; to Answer and to be An­swered unto, to Defend and to be Defended, in all and singular Suits, Causes, Quarrels, Matters, Actions and Things, of what [Page 6] Kind or Nature soever. AND ALSO To Have, Take, Possess, Acquire and Purchase Lands, Tenements or Heredita­ments, or any Goods or Chattels; and the same to Lease, Grant, Demise, Aliene, B [...]rgain, Sell and Dispose of, at their own Will and Pleasure, as other Our Leige People of this Our Realm of England, or any Corporation or Body Politick within the same, may lawfully do.Power to [...] a Common [...]Seal. AND FURTHER, That They the said Governor and Company, and their Successors, shall and may for ever hereafter, have a Common Seal, to serve and use for all Matters, Causes, Things and Affairs whatsoever, of Them and their Successors: And the same Seal to alter, change, break and make N [...]w, from time to time, at their Will and Pleasure, as they shall think fit. AND FURTHER We W [...]ll and Ordain, and by these Presents, for Us, Our Heirs and Successors, Do Declare and Appoint,The N [...]mb [...]r of Ma [...]i [...]tra [...]s, and th [...]ir Du [...]es. That for the better Ordering and Managing of the Affairs and Business of the said Company and their Successors, there shall be One GOVERNOR, One DEPUTY GOVERNOR, and Ten ASSISTANTS, to be from time to time Constituted, Elected and Chosen out of the Freemen of the said Company, for the Time being, in such Manner and Form as is hereafter in these Presents expressed: Which said Officers shall apply themselves, to take Care for the best Disposing and Or­dering of the General Business and Affairs of and concerning the Lands and Hereditaments herein after mentioned to be granted, and the Plantation thereof, and the Government of the People there. AND for the better Execution of Our Royal Pleasure herein,Name [...] of the first Magi­ [...]rat [...]s. We Do, for Us, Our Heirs and Successors, Assign, Name, Constitute and Appoint the aforesaid BENEDICT ARNOLD to be the first and presen [...] [...] o [...] the said Company, and the [...]ai [...] WILLIAM BRENTON to be the DEPUTY GOVERNOR, and the said William Boulston, Iohn Porter, Roger Williams, Thomas Olney, Iohn Smith, Iohn Greene, Iohn Coggeshall, Iames Barker, William Field and Ioseph Clarke, to be the Ten present ASSISTANTS of the said Company; to continue in the said several Offices respectively, until the first Wednesday which shall be in the Month of May now next coming. AND FURTHER We Will, and by these Presents, for Us, Our Heirs and Successors, do Ordain and Grant, That the Governor of the said Company for the Time being, or in his Absence, by occasion of Sickness, or otherwise by his Leave and Permission, the Deputy Governor for the Time being shall and may, from time to time, upon all Occasions, give O [...]der for the Assembling of the said Company, and calling them to­gether, to consult and advise of the Business and Affairs of the said Company. AND That for ever hereafter, twice in every Year,A [...]s [...]mb [...]es. That is to say, On every first Wednesday in the Month of May, and on every last Wednesday in October, or oftener in case it shall be requisite, the Assistants and such of the Freemen of [Page 7] the said Company, not exceeding Six Persons for Newport, Four Persons for each of the respective Towns of Providence, Ports­mouth and Warwick, and Two Persons for each other Place, Town or City, who shall be from time to time thereunto Elected or Deputed by the major Part of the Freemen of the respective Towns or Places for which they shall be so Elected or Deputed; shall have a General Meeting or Assembly, then and there to consult, advise and determine in and about the Affairs and Business of the said Company and Plantations. AND FURTHER We do, of Our especial Grace, certain Knowledge and meer Motion, Give and Grant unto the said Governor and Company of the English Colony of Rhode-Island and Providence-Plantations, in New-England in America, and their Successors, That the Governor, or in his Absence, or by his Permission, the Deputy Governor of the said Company for the Time being, the Assistants, and such of the Freemen of the said Company as shall be so as aforesaid Elected or Deputed, or so many of them as shall be present at such Meeting or Assembly as aforesaid, Shall be called THE GENERAL ASSEMBLY: And that They, or the greatest Part of them then present, whereof the Governor or Deputy Governor, and Six of the Assistants at least, to be Seven, Shall have,N [...]b [...]r of [...] requ [...] ­site to be at an [...], and their Power. and have hereby given and granted unto them, FULL POWER AND AUTHORITY, from time to time, and at all times here­after, To Appoint, Alter and Change such Days, Times and Places of Meetings and General Assembly, as They shall think fit: And to Choose, Nominate and Appoint such and so many other Persons, as They shall think fit, and shall be willing to accept the same, [...]o [...] free of the said Company and Body Po­litick, and them into the same to Admit: And to Elect and Constitute such Offices and Officers, and to Grant such needful Commis [...]ons, as they shall think fit and requisite for the Order­ing, Managing and Dispatching of the Affairs of the said Gover­nor [...] Company, and their [...]: And from time to [...] [...]ke, Ordain, Constit [...] or Repeal such Laws, Sta­tutes, Orders and Ordinances, Forms and Ceremonies of Go­vernment and Magistracy, as to them shall seem meet for the Good and Welfare of the said Company, and for the Govern­ment and Ordering of the Lands and Hereditaments herein after mentioned to be Granted, and of the People that do, or at any time hereafter shall inhabit or be within the same; So as such Laws, Ordinances and Constitutions so made, be not contrary and [...]epugn [...]nt unto, but as near as may be agreeable to the Laws of this Realm of England, considering the Nature and Constitution of the Place and People there. AND ALSO to Appoint, Order and Direct, Erect and Settle such Places and Courts of Jurisdiction, for the Hearing and Determining of all Actions, Cases, Matters and Things happening within the said [Page 8] [...]olony and Plantation, and which shall be in Dispute, and de­pending there, as They shall think fit. AND ALSO to distinguish and set forth the several Names and Titles, Duties, Powers and Limits of each Court, [...]aw [...] how ne [...] the Laws of England. Office and Officer, Superior and Inferior. AND ALSO to contrive and appoint such Forms of Oaths and Attestations, not repugnant, but as near as may be agreeable, as aforesaid, to the Laws and Statutes of this our Realm, as are convenient and requisite, with respect to the due Administration of Justice, and due Execution and Discharge of all Offices and Places of Trust, by the Persons that shall be therein concerned. AND ALSO to regulate and order the Way and Manner of all Elections to Offices and Places of Trust,Power of the Assemb [...]l [...] [...]o ord [...]r Elect▪ and to prescribe, limit and distinguish the Numbers and Bounds of all Places, Towns or Cities, within the Limits and Bounds herein after mentioned, and not herein particularly named, who have or shall have the Power of Electing and Sending of Free­men to the said General Assembly. AND ALSO to order, direct and authorize the Imposing of l [...]wful and re [...]sonable Fines, Mulcts, Imprisonments, and Executing other Punish­ments, Pecuniary and Corporal upon Offenders and Delinquents, according to the Course of other Corporations wi [...]hin this our Kingdom of England. Power of the Ass [...]m [...]ly to Pard [...]on and [...]. AND AGAIN to alter, revoke, annull or pardon, under their Common Seal, or otherwise, such Fines, Mulcts, Imprisonments, Sentences, Judgments and Con­demnations, as shall be thought fit. AND to direct, rule, order and dispose of all other Matters and Things, and parti­cularly that which relates to the making of Purchases of the Native Indians, as to them shall seem meet. Whereby Our said People, and Inhabitants in the said [...], may be so Religiou [...]y, [...]eacea [...]ly [...] Civi [...]y Governed, as that by their good Life and orderly Conversation, They may win and invite the Native Indians of the Country, to the Knowledge and Obedience of the only True GOD and SAVIOUR of Mankind; WILLING, COMMAMDING and REQUIRING, and by these Presents, for Us, Our Heirs and Successors, Ordaining and Appointing, That all such Laws, Statutes, Orders and O [...]dinances, Instructions, Impositions and Directions, as shall be so made by the Governor, Deputy Governor, Assistants and Freemen, or such Number of them as aforesaid, and published in Writing under their Common Seal, Shall be carefully and duly observed, kept, performed and put in Execution, according to the true Intent and Meaning of the same. And these Our Letters Patents, or the Duplicate or Exemplification thereof, shall be to all and eve [...]y such Officers, Superior or Inferior, from time to time, for the putting of the same Orders, Laws, Statutes, Ordin [...]nces, Instructions an [...] Directions, in due Exe­cution, against Us, Our Heirs and Succ [...]ssors, a Sufficient Warrant and Discharge. AND FURTHER Our Will [Page 9] and Pleasure is, and we do hereby for Us, our Heirs and Su [...]cessors, establish and ordain, that Yearly once in the Year [...]ever hereafter; Namely the aforesaid Wednesday in May, [...]d at the Town of Newport; or else-where, if urgent occasio [...] do Require, the Governour, Deputy Governour, and Assist [...]ts of the said Company, and other Officers of the said Comp [...]y▪ or such of them, as the General Assembly shall think fit, shall be in the said General Court or Assembly, to be held from that Day or time, newly chosen for the Year ensuing, by such great­er part of the said Company for the time being, as sh [...] be then and there present: And if it shall happen, that the present Go­vernour, Deputy Governour, and Assistants by these present [...] appointed, or any such as shall hereafter be newly chosen into their Rooms, or any of them, or any other the [...] of the said C [...]mpany shall Dye or be Removed from his or their several Offices or Places before the said general Day of Electi­on, (wh [...]m we do here [...] [...]eclare for any Misdemeanour or Def [...]lt, to be removeable, by the Governour, Assistants and Co [...]pany, or such greater part of them in any of the said pub­lick [...]urts to be Assembled as aforesaid.) THAT THEN and in every such Case, it shall and may be Lawful,Prov [...] [...] the Gover­ [...] [...], or be [...]oved. to and for the said Governour, Deputy Governour, Assistants and Compa­ny aforesaid, or such greater part of them so to be Assem­bled as is aforesaid, in any their Assemblies, to proceed to a new Election of one or more of their Company, in the Room or Place Rooms or Places of such Officer, or Officers so Dying, or Removed, according to their Discretions. And Immediately Upon, and after such Election or Elections made of such Go­vernour, Deputy Governour, Assistant or Assistants, or any o­ther Officer of the said Company in Manner and Form afore­said: THE AUTHORITY, Office and Power before Given to the former Governour, Deputy Governour, and other Officer and Officers so Removed, in whose Stead and Place New shall be Chosen, shall as to him and them, and every of them respectively, Cease and Determine. PROVIDED ALWAYS, and our Will and Pleasure is, that as well such as are by these Presents appointed to be the present Governour, Deputy Governour and Assistants of the said Company, as those that shall Succeed them, and all other Officers to be appointed and chosen as aforesaid, shall before the undertaking the Exe­cution of the said Offices and Places, respectively give their Sol­emn ENGAGEMENT by Oath, or otherwise, [...] the due and faithful Performance of their Duties in their [...]veral Offices and Places, before such Person or Persons as are by these presents hereafter appointed to take and receive the same (that is to say) the said Benedict Arnold, Who shall giv [...] and t [...]ke the Engag [...]ment. who is he [...]in before nomi­nated and appointed the present Governour of the said Compa­ny, shall give the aforesaid Engagement before William Bren­ton, or any two of the said Assistants of the said Company, unto whom we do by these Presents give full Power and Authority, [Page 10] [...] Require and Receive the same: AND the said William [...]enton, who is hereby before nominated and appointed the pr [...]sent Deputy Governour of the said Company; shall give the afor [...]said Engagement before the said Benedict Arnold, or any two of the Assistants of the said Company, unto whom we do by thes [...] Presents, give full Power and Authority to Require and Receive the same; AND the said William Boulston, Iohn Porter, Roger Williams, Thomas Olney, Iohn Smith, Iohn Green, Iohn Coggeshall, Iames Barker, William Field, and Ioseph Clark, who are herein before nominated and appointed the Pre­sent Assistants of the said Company, shall give the said Engage­ment to their Offices, and Places respectively belonging, before the said Benedict Arnold, and William Brenton, or one of them; to whom respectively we do hereby give full Power and Au­thority to Require, Administer or Receive the same. AND FURTHER, Our Will and Pleasure [...]s, That all and every other future Governour, or Deputy Governour to be elected and chosen by virtue of these Presents, shall give the said En­gagement before two or more of the said Assistants of the said Company for the time being, unto whom we do by these Pre­sents, give full Power and Authority to Require, Administer or Receive the same. AND the said Assistants, and every of them, and all and every other Officer or Officers to be here [...]f­ter elected and chosen by virtue of these Presents, from time to time, shall give the like Engagements to their Offices and Places respectively belonging, before the Governour, or Deputy Governour, unto whom we do by these Presents give full Power and Autho [...]ity to Require, Administer or Receive the same accord­ingly. AND WE do likewise for Us, our Heirs and Succes­sors, give and grant unto the said Governour and Company, and their Successors by these Presents, that for the more peace­able and orderly Government of the said Plantations, it shall and may be Lawful for the Governour, Deputy Governour, Assist­ants, and all other Officers and Ministers of the said Company, in the Administration of Justice, and Exercise of Government in the said Plantations, to Use, Exercise, and Put in Executi [...]n such Methods, Rules, Orders and Directions, not being contra­ry or repugnant to the Laws and Statutes of this our Realm, as have been heretofore Given, Used and Accustomed in such Cases respectively, to be put in Practice, until at the next or some other General Assembly, special provision shall be made, and o [...]ained in the cases aforesaid. AND WE do further, for Us, our Heirs and Successors, give and grant unto the said Governour and Company, and their Successors by these Presents, THAT it shall and may be Lawful to and for the said Go­vernour, or in his Absence, the Deputy Governour, and major part of the said Assistants,Power of the Gover [...]ur and Cou [...]cil to ap [...]oin [...] Com­m [...]s [...]onO [...]c [...]rs for the Militia. for the time being, at any time when the said General Assembly is not Sitting, to nominate, appoint and constitute such and so many Commanders, Governours, and Military Officers, as to them shall seem Requisite for the [Page 11] Leading, Conducting and Training up the Inhabitants of th [...] said Plantations in Martial Affairs; and for the Defence [...] Safeguard of the said Plantations: AND that it shall and may be Lawful, to and for all and every such Commander, G [...]er­nour and Military Officers that shall be so as aforesaid, or by the Governour, or in his Absence the Deputy Governour, and Six of the said Assistants, and major part of the Fre [...]men of the said Company present at any General Assemblies, Nomi­nated, Appointed and Constituted according to the Tenor of his and their respective Commissions, and Directions, To As­ [...]emble, Exercise in Arms, Martial Array, and put in Warlike Posture the Inhabitants of the said Colony for their special De­ [...]ence and Safety;Power [...] making War. And to Lead and Conduct the said Inhabi­tants, and to Encounter, Expulse, Expel and Resist by force of Arms, as well by Sea as by Land; and also to Kill, Slay and Destroy by all fitting ways, Enterprizes and means whatsoever, all and every such Person or Persons, as shall at any time here­after A [...]tempt or Enterprize the Destruction, Invasion, Detri­ment or Annoyance of the said Inhabitants or Plantations; And to Use and Exercise the Law Martial in such Cases only as oc­casion shall necessarily Require: AND to take or Surprize by all ways and means whatsoever, all and every such Person and Persons, with their Ship or Ships, Armour, Ammunition, or o­ther Goods of such Persons, as shall in Hostile manner Invade or Attempt the Defeating of the said Plantation, or the Hurt of the said Company and Inhabitants: AND upon just Causes to Invade and Destroy the Native Indians, or other Enemies of the said Colony. NEVERTHELESS, our Will and Plea­sure is, and we do hereby Declare to the rest of our Colonies in New-England, that it shall not be Lawful for this our said Colony of Rhode-Island and Providence-Plantations in Ameri­ca in New-England, to Invade the Natives Inhabiting within the Bounds and Limits of their said Colonies, without the Knowledge and Consent of the said other Colonies. AND IT IS HEREBY DECLARED,Not to Invade the Indian [...] of another Colo­ny, [...]or other [...] [...]o invade the In­dians of this [...]. that it shall not be Law­ful to or for the rest of the Colonies, to Invade or Molest the Native Indians, or any other Inhabitants, Inhabiting within the Bounds and Limi [...]s hereafter mentioned; They having Subject­ed themselves unto Us, and being by Us taken into our special Protection, without the Knowledge and Consent of the Go­vernour and Company of our Colony of Rhode-Island, and Pro­vidence-Plantations. ALSO our Will and Pleasure is, and we do hereby Declare unto all Christian Kings, Prin [...] and States, that if any Person which shall hereafter be of the said Company or Plantation, or any other by Appointment of the said Governour and Company for the time being, shall at any time, or times hereafter Rob or Spoil by Sea or Land, or do a­ny Hurt or Unlawful Hostility to any of the Subjects of Us our Heirs or Successors; or any of the Subjects of any Prince or State being then in League with Us, our Heirs or Successors; [Page 12] [...]pon Complaint of such Injury done to any such Prince or State, o [...] their Subjects: We, our Heirs and Successors will make op [...] Proclamation within any parts of our Realm of England, fit for that purpose, that the Person or Persons committing a­ny such Robbery or Spoil, shall within the time Limited by such Proclamation, make full Restitution or Satisfaction of all such Inj [...]ies done or committed, so as the said Prince or others so complaining, may be fully Sati [...]ed and Contented; And if the said Person or Persons who shall commit any such Rob­bery or Spoil, shall not make Satisfaction accordingly within such time so to be Limited, that then We our Heirs and Suc­cessors, will put such Person or Persons out of our Allegiance and Protection; and that then it shall and may be lawful and free for all Princes or others, to Prosecute with Hostility such offenders, and every of them, their and every of their Procur­ers, Aiders, Abettors and Counsellers in that behalf. PRO­VIDED ALSO, and our Express Will and Pleasure is, and we do by these Presents for Us, our Heirs and Successors, Ordain and Appoint, that these Presents shall not in any man­ner, hinder any of our loving Subjects whatsoever from Using and Exercising the Trade of Fishing upon the Coast of New-England in America; [...]berty of Fishing. But that they, and every, or any of them shall have full and free power and liberty to continue and Use the Trade of Fishing upon the said Coast in any of the Seas thereunto adjoyning, or any Arms of the Seas, or Salt Water, Rivers and Creeks where they have been accu [...]omed to Fish; and to Build and Set upon the Waste-Land belonging to the said Colony and Plantations, such Wharfs, Stages and Work-Houses as shall be necessary for the Salting, Drying and Keep-of their Fish to be taken or gotten upon that Coast: AND FURTHER, for the Encouragement ofthe Inhabitants of our said Colony of Providence-Plantations to set upon the Business of taking Whales; it shall be Lawful for them, or any of them having struck Whale, Dubertus, or other great Fish, it or them to pursue unto any part of that Coast, and into any Bay, River Cove, Creek or Shoar belonging thereto and it o [...] them upon the said Coast or in the said Bay, River, Cove, Cre [...] or Shoar belonging thereto to Kill and order for the best Advantage, without Molestation, they making no wilful waste or spoil, any thing i [...] these presents contained, or any other matter or thing to the contrary notwithstanding; AND FURTHER ALSO we are graciously pleased, and do hereby declare, that if any of the Inhabitants of our said Colony,Lib [...]ty as [...]o Wines. do set up­on the Planting of Vineyards, (the Soil and Climate both seem­ing naturally to concur to the Production of Wines,) or be industrious in the Discovery of Fishing-Banks in or about the said Colony, we will from time to time give and allow all due and fitting Encouragement therein, as to others in cases of like Nature. AND FURTHER, OF OUR MORE AMPLE GRACE, certain Knowledge and meer Motion, [Page 13] we have Given and Granted, and by these Presents, for Us, our Heirs and Successors, do Give and Grant unto the said Governour and Company of the English Colony of Rhode-Is­land, and Providence-Plantation in the Narr [...]gansett-Bay in New-England in America; and to every Inhabitant there, and to every Person and Persons Trading thither,Liberty [...] Transport Perso [...]. and to every such Person or Persons as are, or shall be free of the said Colony, full Power and Authority from time to time, and at all times hereafter to take, Ship, Transport and carry away out of any of our Realms and Dominions, for and towards the Plantation and Defence of the said Colony, such and so many of our lov­ing Subjects, and Strangers, as shall or will willingly accom­pany them in, and to their said Colony and Plantation; except such Person or Person [...], as are, or shall be therein restrained by Us, our Heirs and Successors, or any Law or Statute of this Realm. AND ALSO to Ship and Transport all, and all manner of Goods, Chattels, Merchandizes, and other things whatsoever, that are, or shall be useful or necessary for the said Plantations, and Defence thereof, and usually Transpor [...]d,Liberty to Tr [...]nsport Goo [...]. and not Prohibited by any Law or Statute of this our Realm: YIELDING and paying unto Us, our Heirs and Succes­sors, such the Duties, Customs and Subsidies, as are, or ough [...] to be paid or payable for the same. AND FURTHER, our Will and Pleasure is, and we do for Us, our Heirs and [...]c­cessors, Ordain, [...] Declare and Grant unto the said Gover [...] and Company, and their Successors, that all and every the Sub­jects of Us, our Heirs and Successors, which are already Plant­ed and Settled within our said Colony of Providence-Planta­tions; or which shall hereafter go to Inhabit within the said Colony, and all and every of their Children which have been Born there, or which shall happen hereafter to be Born there, or on the Sea going thither, or returning from thence, shall have and en­joy all Liberties and Immunities of free and natural Subjects, within any the Dominions of Us, our Heirs or Successors, to all Intents, Constructions and Purposes whatsoever, as if they, and every of them were Born within the Realm of England. AND FURTHER KNOW YE, that we of our more abundant Grace, certain Knowledge, and meer Motion, have given, granted, and confirmed; and by these Presents, for Us, our Heirs and Successors, do give, grant and confirm unto the said Governour and Company, and their Successors,Ro [...]nd [...] of the Colony. ALL THAT PART OF OUR DOMINIONS in New-England, in America; Containing the Nabantick and Nanby­gansett, alias Narragansett-Bay, and Countries and Parts adja­cent; Bounded on the West, or Westerly, [...] Bounds. to the middle or Channel of a River, there commonly called, and known by the name of Pawcatuck, alias, Pawcawtuck River, and so along the said River, as the greater or middle Stream thereof reaches, or lies up into the North Country, Northward unto the head there­of, and from thence, by a strait Line, drawn due North, until [Page 14] it meets with the South Line of the Massachusetts-Colony ▪ AND on the North or Northerly, North Boun [...]s. by the aforesaid South or Southerly Line of the Massachusetts-Colony, or Plantation: AND [...]ending towards the East, Easterly Bounds. or Eas [...]wardl [...], three English Miles to the East and North-East, of the most Eastern and North-Eastern parts of the aforesaid Narragansett-Bay, as the said Bay lieth or extendeth it self from the Ocean, on the South or South [...]ardly, unto the mouth of the River which runneth to­wards the Town of Providence, and from thence along the Eas [...]wardly side or Bank of the said River (higher called by the na [...]e of S [...]co [...]k River,) up to the Falls, called Paruckett Falls being the most Westwardly Line of Plimouth Colony, and so [...] the said Falls, in a strait Line due North, until it meet with the aforesaid Line of the Massachusetts-Colony: AND bounded on the South by the Ocean: [...]uth Bounds. And in particular the Land [...] belonging to the Towns of Providence, Patuxet, War­wic [...], Misquomicock, alias P [...]catuc [...], and the rest upon the Mainland, in the Tract aforesaid; together with Rhode-Island, Black-I [...]and, and all the rest of the Islands and Banks in the Narragansett-Bay; and Bordering upon the Coast of the Tract aforesaid; (Fishers-Island only excepted) Together with all [...] Lands, Soils, Grounds▪ Havens, Ports, Rivers, Waters, Fishings, Mines Royal, and all other Mines, Minerals, Precious Sto [...]es,G [...]eral Grant of all Commodi [...]i [...] and Minerals, &c. Quarries, Woods, Wood-Grounds, Rocks, Slates, and all [...]d singular other Commodities, Jurisdictions, Royalties, Priviledges, Franchises, Preheminencies, and Hereditaments whatsoever, within the said Tract, Bounds, Lands and Islands aforesaid; or to them, or any of them belonging, or in any wise appertaining:To have and to hold. TO HAVE AND TO HOLD the same unto the said Governour and Company, and their Succes­sors, for ever upon Trust, for the Use and Benefit of them­selves, and their Associates, Freemen of the said Colony, their Heirs and Assigns: To be holden of Us, our Heirs and Suc­cessors, as of the Mannor of East Greenwich in our County of Ke [...]t, in free and common Soocage, and not in Capite ▪ nor by Knights Service; YIELDING AND PAYING there­fore to us, our Heirs and Successors, only the fifth part of all the Oar of Gold and Silver, which from time to time, and at all times hereafter shall be there gotten, had or obtained, in lieu and satisfaction of all Services, Duties, Fines, Forfeitures made, or to be made, Claims, and Demands whatsoever, to be to us, our Heirs or Successors, therefore or thereout rendered, made or paid: Any Grant or Clause in a late Grant to the Gover­nour and Company of Connecticut Colony in America, to the contrary thereof, in any wise notwithstanding: The aforesaid Pawcatuck River having been yielded after much Debate, for the fixed and certain Bounds between these our said Colonies, by the Agents thereof;The Naragan­sett River stated. who have also agreed, that the said Pawcatuck River shall be also called, alias, Narrogansett or Nar­ragansett River; and to prevent future Disputes that otherwise [Page 15] might arise thereby for ever hereafter, shall be Construed▪ Deemed and Taken to be the Narragansett River, in our late Grant to Connecticut Colony, mentioned as the Eastward­ly Bounds of that Colony.L [...]rty o [...] Appeal. AND FURTHER OUR WILL and Pleasure is, that in all Matters of publick Con­troversy which may fall out between our Colony of Provi­dence-Plantations, and the rest of our Colonies in New-Eng­land; It shall and may be lawful, to and for the Governour and Company of the said Colony of Providence-Plantations, to make their Appeals therein, to Us, our Heirs and Successors, for Redress in such Cases, within this our Realm of England. Free Tra [...] with oth [...]r Colo [...]es AND that it shall be lawful, to and for the Inhabitants of the said Colony of Providence-Plantations, without Lett or Molestati­on, to Pass and Repass with freedom into, and through the rest of the English Colonies, upon their lawful and civil Occa­sions; and to Converse, and hold Commerce and Trade with such of the Inhabitants of our other English Colonies, as shall be willing to admit them thereunto; they behaving themselves peaceab [...]y among them: Any Act, Clause or Sentenc [...] in any of the said Colonies provided, or that shall be provided to the contrary in any wise notwithstanding. AND LASTLY WE DO, for Us, our Heirs and Successors, Ordain and Grant unto the said Governour and Company, and their Successors by these Presents, That these our Letters Patents, shall be firm, good, effectual, and available in all things in the Laws, to all Intents, Constructions and Purposes whatsoever, according to our true Intent and Meaning herein before Declared; And shall be construed, reputed and adjudged in all cases most favourably on the behalf, and for the best benefit and behoof of the said Governour and Company, and their Successors; although express mention of the true yearly Value, or certainty of the Premises, or of any of them, or of any other Gifts or Grants by us, or b [...] any of our Progenitors or Predecessors heretofore made to the said Governour and Compa [...] of the English Colony of Rhode-Island and Providence-Plantations in the Narragansett-Bay in New-England, in America, in these Presents is not made, or a­ny Statute, Act, Ordinance, Provision, Proclamation or Restric­tion heretofore Had, Made, Enacted, Ordained or Provided, or any other Matter, Cause or Thing whatsoever to the contrary thereof in any wise notwithstanding. In Witness whereof, WE have caused these our Letters to be made Patents. WITNESS Our Self at Westminster, the Eighth Day of Iuly, in the Fif­teenth Year of Our Reign.

By the King Howard.
The TABLE.A  …
[Page]

The TABLE.

A
 
Page.
ABate [...]ent, Pleas of.
135, 257
Accounts to be annexed to Declaration and Answer.
189
To Justice's Warrants.
281
How to be sworn to out of Court.
305
Acknowledgment of Deeds.
50, 51
Actions personal limited.
99
Withdrawn Costs to be reco­vered.
91
Transitory.
134, 156
Criminal Costs allowed.
195
Not exceeding Five Pounds, how to be tryed.
280
Acts of Assembly to be recorded.
8
Copies to be sent to the seve­ral Towns.
8
Adjournment of Courts by one Judge.
136
By one Justice.
281
Administration to be granted by the Town Council.
4
To whom to be granted.
6
To Wives of absent Persons.
47, 62
Administrators to give Bond, and render Account.
6, 63
On intestate Estates, to give Bond.
202
Administratrix, her Husband to give Bond.
7
Admiralty (Court) Fees stated.
269
Adultery how to be punished.
118
Alarm, Fine for not appearing.
69, 233
Militia to be muster'd thro'­out the Colony.
2 [...]9
Al [...]wives not to be obstructed in coming down Rivers.
187
Allowance to Prisoner [...] of War.
288
Amendment of several Laws.
114
Appeal from the Town Council to the General Council,
6, 135
To his Majesty in Council re­gulated.
78
From theSession [...]totheSupe­rior Court.
129
From Justices Courts to the Sessions.
130, 216, 218
From the Inferior Court to the Superior.
133
New Evidence to be allowed.
135
Reasons of to be amended.
136
To the Inferior Courts to be final.
147
From Judgments upon Bond.
153
In what Cases none to be al­lowed.
156
From the Justices Courts to the Inferior Court.
282
Arms to be viewed, and who to be provided with them.
67, 69
Artificers not to leave their Work till finished.
121
Assault and Battery.
118
Assembly General, of whom it s [...]all consist, and how calle [...].
2
Their Power in making Freemen.
9
Made two Houses.
24
Where they shall sit.
176, 217, 299
Their Meeting regulated.
222
To chuse Military Officers.
232
Assessors their Duty.
32
Assistants th [...]ir Salary.
86
Assi [...]e of Ca [...]k.
157
Of Clapboards and Shingles.
162
[Page]Attachments in Civil Actions re­gulated.
75
Of Real Estate.
192
Of personal Estate of absent Persons.
302
Attorney General his Duty.
16, 261
His Fees.
145, 294
To give Receipts for the Co­lony's Bonds.
221, 261
Attorneys their Pleading regu­lated.
78
To sign the Back of Writs in Case.
135
Attendance of Jurors and Wit­nesses.
257
Of the Attorney General.
261
B
Bail
what to be taken by the Sheriff.
99
To be taken on Justices War­rants.
241
Bank the first emitted.
54, 59
The Second.
84
The Third.
103
The Fourth.
158, 166
The Fifth.
172
The Sixth.
211
The Seventh.
226, 230
The Eighth.
271
Banns of Marriage, how to be published.
30, 176
Bar, Pleas in.
135, 257
Barrels and half Barrels, their Assize.
157
Bastardy.
 
Bears and wild Cats, Premium for killing them.
178, 194
Beef, Pork, and Fish, shipt without the Packer's Mark, to be forfeited.
158
Beer exposed to Sale in Cask under Assize, to be forfeited.
158
Bills of Credit emitted.
42, 44, 45, 54, 59, 84, 98, 103, 112, 156, 158, 172, 197, 207, 211, 226, 228, 238, 243, 244, 271, 296, 298, 308.
Act against tearing them.
92
Five Pound and Forty Shilling Bills called in.
98
How to be paid in,
See Bank.
Of the New Tenor, at what Rate they are to pass.
237
Punishment for Counterfeiting them.
258, 288
Bills of Cost.
169, 179
Bills of Exchange protested, Act about them.
270
Births and Burials to be regi­ster'd.
31, 100
Block-Island; Lands on it made a Township.
14
Boarders taken with the Small Pox, to be inform'd of.
278
Boards to be viewed and marked.
163
Bonds (the Colony's) not to pay Interest.
194
Not to be sued at Justices Courts.
241
How to be put in Suit.
261
Bonds to be given by Executors and Administrators.
5, 20 [...]
By Appellants from the Town Council.
6
By him who marries an Exe­c [...]trix or Administratrix.
7
By C [...]ptains of private Men of War.
[...]
Fraudulent to be deemed Void.
119
By the Guardians of distracted Persons.
2 [...]6
By Appellants from Justices Courts.
282
In Writs of Replevin.
307
[Page]Bonfires to be made by Direction of Authority.
165
Bounty on Hemp, &c. taken off.
297
Breach of the Peace.
118
Bribe to Jurors, how to be pun­ished.
119
Bribery an [...] Corruption, Act against it.
193
Burglary.
116
By-Laws.
22
C
Cage or Stocks to be made in each Town.
13
Captain of the Militia, his Fine for Neglect.
70
Cask under Assize, to be for­feited.
157
Cattle upon killing any Person, to be forfeited.
118
Chancering Penalties of Bonds, &c.
134
Charitable Uses, Lands, &c. gi­ven for that End.
87
Charles-Town a Township.
208
Children unruly, their Punish­ment.
115
Poor to be bound out Ap­prentices.
236
Clandestine Transportation of Persons, prohibited.
29
Marriages, Act to prevent them.
30
Clerk (Town)
See Town Clerk.
Clerk of the Inferior Court, how appointed.
133, 13 [...], 171
His Fees.
143, 216, [...]29, 292
Impowered to appoint a De­puty.
179
Clerk of the Superior Court.
138
His Fees.
142, 292
Of the General Sessions, his Fees.
195
Of the House of Deputies▪ his Wages.
[...]
Clerk (Military) See Militia.
67
Collector of the Customs, his Fees stated.
266
Colonel, his Commission.
72
Colony divided into three Coun­ties.
128
Their Clai [...] [...]
149
Colony-house, [...] build it.
214
Sloop.
235, 297, 299
Debts, how to be collected.
261, 294
Committee-Men of the several Towns, to give Bond.
27 [...]
Commission of Justices of the Peace.
[...]
Of Military Officers.
[...]
Commission-Officers in the Mi­litia, when excused from Training.
196
Commons how to be divided.
21
Common Recoveries to be re­corded.
107
Conanicut made a Township.
17
Conscience, Persons of tender Conscience, their Duty on an Alarm.
234
Excused from Training.
293
Form of their Affirmation.
294
Conspiracy.
119
Constable, his Penalty for neg­lecting to pay Fines.
8
Fine for not serving.
10
Their Names to be returned by the Town Clerk.
33
Duty in collecting Rates.
33
Fees stated.
290
Coopers to brand their Cask.
157
Copies of Acts of Assembly to be sent to each Town.
8
Cordwainers regulated.
39
[Page]Cord-Wood, Act to prevent Fraud therein.
27
Costs secured to the Inhabitants.
37
The Recovery of, in Cases discontinued.
91
Bills of, when to be taxed.
179
Allowed in Criminal Actions.
195
C0uncil (Town) to be as Judge of Probates.
4 See Town Council.
Council General, to be supreme Ordinary.
6
To grant forth Executions.
114
Council of War for each Regi­ment.
73
Of whom it [...] consist.
233
How many of them to settle Watches.
24 [...]
Counterfeiting Bills of Credit, how to be punished.
25 [...]
County Courts.
131 See General Sessions, Inferior and Superior Court.
Court-house and Goal in each County.
1 [...]
Courts Martial appointed.
234, 239
Court of Equity appointed.
240
Abolished.
2 [...]2
Criminal Offences, Act against them.
115 to 121
Curriers regulated.
39
Cyder exposed to Sale in Cask under Assize, to be forfeited.
158
D
Damage done by Cattle, &c. how to be recovered.
306
Dams not to hinder the Course of Fish.
185
Mill-dams to have WasteGates.
210
Deaths to be registred.
31, 100
Debts due from any Town, how to be recovered.
16
Debtors insolvent, their Allow­ance in Prison.
77, 123, 223
Absent, their Estate to be at­tached.
192
Declarations when to be filed.
132
Accounts to be annexed.
189
Deeds to be acknowledged and recorded.
50
Fraudulent to be void.
119
Form of, to be given by the Sheriff.
203
Deer, Act for their Preservation.
109
Defaulters, when to be called out.
257, 261
Defendant.
 
Demurrer.
135
Deodands.
118
Depositions out of Court, how to be taken.
304
Deputy Governor, his Salary.
89
His Authority,
see Governor.
Deputies, who may be chosen.
2
Their Engagement.
3
Their Wages.
87
To be returned by the Town Clerk.
182
Not to pay Ferriage.
 
Deputy Sheriff, how to be made.
300
Detainer and forcible Entry.
12 [...]
Dilatory Pleas, when to be heard.
2 [...]
Di [...]ract [...]ti Person [...] to haveGuar­dian [...].
2 [...]
[...], Good [...] taken by.
[...]
Docking of E [...]tates Tail, re­pealed.
95, 197
D [...]s worrying Sheep or Cattle.
[...]
Who may k [...]p them.
12 [...]
Dower, Widow not to be bar­red of it
[...]
[Page]Drink (strong) not to be retailed without Licence.
124
Drunkenness how to be punish­ed.
83, 95, 121
Drunkards (common) to be posted.
83, 95
E
East-Greenwich a Township.
15
Grant inlarged.
38
Divided.
234
Easton's Pond, no Net, &c. to be drawn there.
198
Election of General Officers.
1
Of Town Officers.
9
Embargo how to be laid.
236
Engagement ofGeneral Officers.
2
Of Deputies.
3
Town Officers.
10
Military Officers.
67
Jurors.
137
Engine-Men excused from other Services.
199
Entry forcible.
122
Estate (intestate) how to be ad­ministred.
6, 202
Estates (personal) to be secured by the Town Council.
93
Of absent Persons, how to be attached.
 
Estates (real) how liable to be attached.
192
Estate, what is Rateable, and the Value.
295
Estra [...]s, how to proceed with
184
Evidence new, allowed in an Appeal.
135
Exchange Bills of, protested.
270
Executions on Goods and Chat­tles, regulated.
7
When to be granted.
135, 281
Not to be stopt on a Re­view.
168, 284
To be levied on Real Estates▪ in Case.
[...]
To be levied by the Town Serjeant, in Case.
206
Executors to give Bonds, and exhibit Inventories.
5
Executrix, her Husband to give Bond.
[...]
Exeter a Township.
[...]
F
Fees to be paid before the Bill of Costs is taxed.
61
To the Grand Committee for receiving Money.
10 [...]
For Petitions to the General Assembly.
112
Unlawful, not to be exacted.
117
Acts regulating them.
140, 201, 216, 290, 292.
Of Petit Jurors.
247
For Collector and Naval Officer.
266, 267
Of the Court of Vice Ad­miralty.
269
[...]ences how to be made and main­tain'd.
11
What shall be deemed lawful.
11, 96
[Page]Water Fences.
125
Fence-Viewers.
11
Ferriage at several Ferries.
265
Ferries regulated.
 
Ferrymen or Boatmen not to transport Slaves without a C [...]tificate.
4 [...]
[...]and Recoveries to be re­corded.
107
To be tryed at the Superior Court.
138
Fines levied by the Sheriff, to be paid into the General Treasury.
8
By the Constable into the Town Treasury.
8
Fine for refusing Town Offices.
10
Not Training.
68, 233
Not having Arms.
69
Not appearing on an Alarm.
69, 233
Not Watching.
80, 248
Jurors Neglect.
147, 247
Leaving the Town after an Alarm.
289
Fire to prevent in Newport.
26
Firing of Woods, Method of Conviction.
36
Additional Penalty.
90
Fishing in Rivers regulated
81, 254, 285
Fish not to be purloined.
91
Not to be obstructed by Dams, &c.
186, 190
Forcible Entry and Detainer.
122
Forgery, how to be punished.
119
Form of Commissions.
23, 72
Engagement.
2, 3, 10, 67, 137
Writ of Arrest.
139
Bond to be given by Admini­strators, &c.
202
Deed to be given by the Sheriff.
203
Of Bills.
43, 226, 231
Affirmation, to be excused from Training.
294
Writ of Replevin.
397
Fornication, how to be punished.
11 [...]
Fort, no Vessel to pass, without a Certificate.
35
Fraud [...]lent Deeds, &c. to be deemed Void.
1 [...]
Freeing of Slaves regulated.
112
Freemen, their Privileges.
3
Who may be admitted such.
4, 147
Method of Admission.
9
Their Voting regulated,
252
G
Goal in each County.
138
General Officers not to be arre­sted.
139
General Assembly.
See Assembly.
General Sessions of the Peace ap­pointed.
129
Where and when to be held.
129, 220, 238
To amend Reasons of Appeal.
136
Fees of the Clerk.
144
No Part of the Charge to be paid out of the General Treasury.
217
General Treasurer.
See Treasurer.
Glocester a Township.
154
Goods taken by Execution or Distress, how to be sold.
7
Imported in infected Vessels, to be aired.
276
Governour or Deputy Gover­nour, to call the Assembly, on special Occasions.
2
Governour and Council to lay an Embargo.
236
Governor to appoint a Naval Officer.
2 [...]
To execute the Statute of Trade and Navigation.
28
[Page]To be Captain General.
65
To appoint Military Officers, in Case.
66
His Power on Emergencies.
73
Fees for signing Commis­sions, &c.
169
To revive the General Assem­bly, in Case.
223
To direct the Colony-Sloop's Cruizes.
236, 239
To order Men to Fort George, in Case.
289
Grand Committee.
See Bills of Credit emitted.
Grand Jurors. See Iurors
130, 132, 137, 196, 257
Grants of Land in Newport, Providence, &c. confirmed.
21
Antient, confirmed.
46
Guns not to be fired in Streets, &c.
165, 200
Gunner to stop Vessels sailing without Certificate.
35
H
Harbour, no infected Vessel to anchor in.
274
High-ways, how to be laid out.
52, 94, 164, 235
Hogs not to run at large without Yokes or Rings.
307
Horse three Troops of, established.
71
Horses, &c. killing any Person, to be forfeited.
118
Taken Damage Feasant.
183
Houses where the Small Pox is suspected to be, none to visit without Licence.
279
I
Iames-Town incorporated.
18
Impounding of Cattle, &c.
306
Damage done, how to be re­covered.
306, &c.
May be replieved.
307
Indians (Native) clandestine Purchases from them.
4, 101
Slaves not to be imported.
58
Not to be sued for Tavern Debts.
92
Dances how to be prevented.
126
Not to be made Servants without the Consent of two Justices.
152
Indians or Negroes not to be abroad at unseasonable Times.
35
Inferior Courts established.
131
Times and Places of holding them.
131, 220, 237
To amend Reasons of Appeal.
136
May be adjourn'd by one Judge, on urgent Occasions.
136
Fees.
143, 201
Suits there regulated.
156
A Fifth Judge added.
201
Inhabitants not to submit their Lands to any other Jurisdiction.
12
Not to be clandestinely trans­ported.
29
Costs to them secured.
37
Persons disallowed or rejected, how to be dealt with.
103, 203
Insolvent Debtors, Act for their Relief.
223
[Page]Interest of the Banks how secu­red and applied.
55, 58, 85, 86, 107, 159, 161, 173, 206, 213, 214, 218, 228, 238, 243, 255, 273, 287.
None to be allowed on the Colony's Bonds.
194
[...] Estates, Repeal of the [...] about them.
113
How to be administred.
6, 202
Inventories how to be made and exhibited.
5
Judges to be chosen by the Ge­neral Assembly.
133, 171
Their Power to chancer In­struments.
134
To appoint a Clerk, in Case.
138
One added to the Inferior Courts.
201
Jurisdiction of Justices of the Peace.
149
Jurors (Grand) how to be cho­sen.
130, 132, 257
Their Engagement.
137
Fine for not se [...]ving.
147, 247
Their Allow [...]nce.
[...]96
To be returned by the Town Clerk.
182
Jurors (Petit) how to be cho­chosen.
130, 132, 250
Their Engagement.
137
Fine for Non-appearance.
147, 247
To be returned by the She­riff, in Case.
132
Return of them to be made by the Town Clerk.
182
Their Fees.
247
Time of Attendance.
257
Jurors taking Bribes, how to be punished.
119
Who shall be exempt from serving.
148, 199
Each Town' [...] Quota.
See Quota.
Protected from Arrest [...].
302
Not to pay Ferriage
 
Justices of the Peace to be chosen annually.
22
Their Commission.
23
May join Person [...] in Marriage.
[...]
Appeals from them to the Sessions.
130, 216
Their Jurisdiction.
149
To s [...]ize all Cask under Assize.
158
Three, to try Theft, under Ten Pounds.
215
Two, to try Civil Actions not exceeding Five Pounds.
280
One, may adjourn the Court.
281
Appeal from them to the In­Inferior Court.
282
Their Fe [...]s stated.
290
May grant Writs of Replevin.
306
May take Depositions out of Court.
304
K
King's Causes, where he is con­cerned.
133
King's County.
128
Time of holding the Court.
220
Kingstown the Town of, erected.
15
Divided.
90
L
Labour and Sports on the first Day of the Week, forbid.
18
Ladders to be provided in Newport.
26
Lands given for Charitable Uses, not to be misapplied.
87
Laws of England, how in Force.
28, 116
Law, Suits at, for avoiding.
46, 115
[Page]Vexatio [...], to prevent.
75, 189
Laws, Act amending several.
114
Leather, how to be tanned, cur­ried, and s [...]led.
39
Licences, how g [...]nted.
123
None to sell [...]rong Liquors without [...]em.
124
Without [...] [...]ome on Shore from in [...]ected Vessels.
275
Or to visit a suspected House.
279
Light-house to be built.
214
Limitation of real Actions.
46, 115
Personal Actions.
99
Liquid Commodities, in Cask un­der Assize, to be forfeited.
158
Lotteries suppressed.
170
Loans.
See Bank.
M
Magazine to be [...]r [...]ted in Newport.
233
Marriages clandestine, Act to prevent them.
[...]0
Marri [...]ges, how to be solem­nized.
30, 176
To be r [...]gistred.
31, 100, 177
Martial, C [...]ts appointed.
234, 239
Masters of Vessels to make Re­port to the Governour.
28
Not to land Passengers with­out Leave or B [...]nd.
28, 127
P [...]alty on them for importing Indian Slaves.
59
Their D [...]ty in an infected V [...]s [...]l.
274
Masters not to put away hired Servants without Cause.
120
Measures and Weight [...] regulated.
 
Members of the General Assem­bly, protected.
301
Not to pay Ferriage
 
Middleto [...]n a Township
262
Militia regulated.
65 to 74, 196, 232, 288
Military Watches.
8 [...], 248, 289
Millers regulated.
97
Mills regulated.
180, [...]0
Minis [...]er [...] Maintenance, how to be raised.
60
Impowered to marry.
176
Misemployment of Lands, &c. given to charitable Uses, how to be redressed.
87 to 8 [...]
Moderator of a Town Meeting▪ [...] how to proceed.
126, 2 [...]
Mortgages how to be dis­charged.
[...], [...]66
Murder how to be punished,
116
Muster General.
69, 7 [...]
N
Narragansett Country, Intru­sion into, fo [...]bid.
[...]
Naval Office established.
2 [...]
Naval Officer to be appointed by the Governor.
20
To keep a Register of Persons transported.
29
To keep a Record of Money received on the Act for the Relief of poor Sailors.
151
His Fees stated.
267
Negroes not to b [...] abroad at unseasonable Tim [...]s.
35
Act to prev [...]nt their running away.
49
Their T [...]i [...]l [...]or Theft.
77
Punishment for attempting a Rape.
263
N [...]s.
See Fish.
[Page] Newport Grants confirmed.
21
Bounds of the compact Part.
200
Divided.
262
Newport, County of.
128
Persons taken with the Small Pox, to be removed.
279
New-Shoreham a Township.
14
Ninigret, Grants, Leases, &c. from him.
48, 224
Overseers appointed to lease [...]ut his Land.
63, 207, 224
H [...]s Family exempted from be [...]g sued.
92
[...]llo [...]ed to sell Lands [...]o pay his Deb [...]s.
246
North-Kingstown a Towns [...]p.
90
Divided.
256
Notary Publick established, and his Fees.
37, 38
O
O [...]th.
See E [...]g [...]gem [...]nt.
Off [...]nces cri [...]inal, Act against th [...]m.
115 to 121
Office, none to exercise any, without Autho [...]y.
115
O [...]icers not to be th [...]eatned.
115
Not to exact unlawful Fees.
117
Officers General. [...]e Election, Engagem [...]nt, General.
Town.
See To [...] Officers.
Military.
See Militia.
Overseers of the Poor.
9
Overseers to leas [...] out Ninigret's Lands.
63, 207, 224
Oysters to be preserved.
[...]84
P
Packer a sworn, of Beef, Pork, and Fish.
157
P [...]ssengers not to be landed with­out Leave.
28, 127
Paving, Charge of, how to be recovered.
79
Pawcatuck River, the Course of Fish in it, not to be stopt.
254, 258
Peace, Breach of.
118
Pedlars, Act against th [...].
110
Pension to Persons [...], and to Widows of the [...].
74
Personal Estate, how to be [...].
[...]3
Ofabsent Persons how [...].
302
Actions limited.
99
Petaquamscut River, the Fishing there regulated.
191, 285
Petitions to [...]h [...] General Assem­bly, their Fee.
112
Pleas of Abatement, &c.
135, 257
Point Iudith Ponds, the Fishing there regulated.
191
Polls, how to be taxed.
295
Portsmouth Grants con [...]irm [...].
21
Possession, Twenty [...] to make a Ti [...]le.
46
Post not to pay [...].
 
Pound and Stocks, [...] in each Town.
13
Owners ofCreature [...] impound­ed, may [...] them.
[...]6
Pound-Keeper [...], [...] Duty.
[...]
Their Fees.
[...]7
Powder-Money to [...].
[...]4, [...]92
Prison in each Cou [...]t [...].
[...]
Prisoners at the K [...]'s Suit.
[...]
Insolvent, their Relief.
76, 223
Poor, upon [...] Process.
123
Of War [...] their Allowance.
288
Privateers Captain [...] [...] to give Bond.
23
[Page]Prizes taken by Vessels in the Service of the Colony, to belong to the Captors.
73
Probate of Wills, and the Fees.
5, 140
Proceedings in the several Courts, regulated.
134
Profane Swearing and Cursing.
121
Prohibitions to be granted by the Judges of t [...]e Superior Court.
188
Protecti [...]n of Witnesses.
17
Of Members of the Assembly, and J [...]ors.
301
Provi [...]nce [...]nts confirmed.
21
High-Ways how to be laid out.
94
County of.
128, 237
Out-lands divided into three Towns.
154
Proxy Votes how to be taken.
1
All to be taken in one Day.
255, 287
Publication of Marriage.
30, 176
Purchases clandestine from the Native Indians.
4, 101
From Ninigret.
48
Q
Quieting of Possessions.
46, 115
Quota of Jurors from each Town.
147, 155, 209, 210, 235.242, 263, 265
R
Rape, Punishment for Negroe [...] attempting.
263
Rateable Estate what shall [...] deemed such.
295
A List thereof to be presented on Oath.
32
Rate-makers how to be chosen.
1 [...]
Penalty for not accepting.
10
Rates how to be collected, where Persons have no visible Estate.
24
Not to be misapplied.
27
How to be assessed and col­lected.
32, 33
Quota of the several Town [...] in the £10,000 Rate.
296
Real Estate of Persons concealed, or absent, to be attached.
192, 205
Reasons of Appeal when to be filed.
130, 133, 282
May be amended.
[...]3 [...]
Recording of Deeds, &c.
[...]0
Fines and Recoveries.
108
Register to be kept of Marriages, Birth [...], and Burials.
31, 100, 177
Regulation of Procceedings in the several Courts.
134
Replevin of Cattle, &c.
30 [...]
Residents, Costs secured to them.
37
Retailers not to sell Drink t [...] common Tiplers.
83
Review in real Actions.
168
In personal Actions.
283
By both Parties, to be tryed by the same Jury.
283
To be brought within one Year, and not to stop Ex [...] ­cution.
284
Riding excessive, in Newport and Providence, forbid.
12
No Appeal.
156
Rioting, how to be punished.
118
Robbery, to be punished with Death.
116
[Page]
S
Sail [...]rs not to be [...]ru [...]ed [...]or s [...]ong Li [...]uo [...].
19
Act f [...]r their R [...]ief.
150
Act about such a [...] have th [...] Small P [...]x.
277
Salary of the Deputy Governor.
89
Of the As [...]istants.
[...]
Scituate a Township.
1 [...]4
S [...]al of the Colony appointed.
4
[...] and Searche [...] of Lea [...]her.
39
Sec [...]etary to sen [...] out Copi [...]s of Acts of Assembly.
8
To be Cl [...]k of the Superior Co [...].
138
His Fees.
141, 2 [...]6
To app [...]i [...] a Deputy.
152
Not to [...] out Copies of pri­vate Acts.
224
S [...]rjeant who sets the Military Watch, his Duty.
249
Servants, no House-keeper to entert [...]in th [...]m [...] Nine a [...] Night, without L [...]ave.
36
Unruly, their Punishment.
115
Not to be putaway, without Cause.
120
Not to leave their Servi [...]e.
120
Not to be retained.
120
Sessions.
See [...]n [...]ral Sessions.
Sheep, &c. [...] by Dogs.
26
Sh [...]r [...]ff, to p [...]y Fines into the [...] T [...] sury, on Penalty.
[...]
To take suf [...]icient Bonds.
99, 284
To r [...]turn Jurors in C [...]se.
132
[...].
144, 167
To endorse travelling Fees.
1 [...]8
To give Deeds, in Case.
203
To give B [...]d.
225
In serving Wri [...]s of R [...]vi [...]w, m [...]y [...]ttach M [...]ney, & [...]. in hi [...] own [...].
284
May c [...]ll special Courts.
2 [...]5
His Deputy to be sworn.
300
To be answer [...]le for al [...] Mis­doings of his D [...]puties.
305
Shingles and Clapboards their Size, &c.
163
Slaves, Act to prevent their run­ning away.
49
Their more speedy Tri [...]l [...] Theft.
77
Manner of freeing them.
11 [...]
Small Pox, Act to prevent its Spreading.
274 to 280
Wilful spreading of it, to be punished with Death.
[...]
Smithfield a Township.
1 [...]4
Sodomy to be punished with Death.
116
Soldier, every enlisted, how to be provided.
67
South-Kings [...]n a Township.
9 [...]
Special Courts may be called by Vendue-Masters.
253
By the Sheriff.
2 [...]5
Sports and Labour on the first Day of the Week forbid.
18
No Appeal to be allowed.
156
Squibs not to be fired in the Streets.
162, 200
Standard of Weights and Measures.
 
Strangers to inform the Town Council of their Arriv [...]l.
1 [...]
Bonds to [...]e given, to prevent their being chargeable.
127
Trading in this Gover [...]ment, to be rated.
[...]
Stray.
See Est [...]ay [...].
Stocks or [...] to be made in each Town.
[...]
Drunkards and Swea [...]ers to be put therein.
121
Stocks of Mon [...]y for Charitable U [...]e [...], how to be [...]mployed.
[...]7
Suits, vexatio [...].
7 [...], 1 [...]9
Where th [...] Re [...]order or Sh [...] ­riff are Pa [...]ies.
76
Summons, General [...] to be summon [...]d.
138
Of [...] out [...] Court.
[...]4
Superiour Court [...]ablished.
1 [...]
Mayamen [...] Re [...]son [...] ofAppeal.
136
One Judge may adjourn on urgent Occasions.
136
[Page]Secretary to be the Clerk.
138
Fees.
142
Judges may grant Prohibitions out of T [...]rm-time.
188
Surveyors of Boards, &c.
162
Swearing and Cursing profanely.
121
No Appeal [...] be allowed.
156
T
Tales-M [...]n, by whom to be [...].
130, 132
Their F [...]ne for refusing to [...]
247
[...] [...]egulated.
39
[...] not to trust Sailors.
19
[...] sell Drink to common Tipl [...].
83
[...]. Notice of strange [...].
103
To [...]. [...]ond to keep good O [...]der.
124
Not to trust Inhabitants above Twenty S [...]ill [...]ngs.
167
Act repealed.
291
To give Notice of any Person taken with the Small Pox.
278
Taxes.
See Rates.
Taxing Bills of Cost.
169, 179
Tearing Bills of Credit prohibited.
92
Tender Consciences.
See Consciences.
Theft, how to be punished.
117
Negro and Indian Slav [...]s, how to be tryed.
57
Under Ten Pounds, how to be tryed.
21 [...]
Timb [...]r to b [...] viewed and mea­ [...]u [...]ed.
1 [...]
Penal [...]y for cutting it on other [...] L [...]nd.
2 [...]6
Method of convicting Of­fenders.
2 [...]6
Toll, how much to b [...] taken.
97
Tongues, cutting them out, Pun­ishment for it.
116
Tonnage. Duty on
34, 292
Towns to have a Pound, and Stocks, or Cage.
13
To be fined for not chusing Town Officers.
[...]19
To make Laws [...]n prudential Affairs.
22
To be provided with Weights Measures.
 
Town Clerk to return the Names of the Deputies.
2, 182
His Duty in regard to Rates.
32, 33
To return the Names of Con­stables.
33
To record Marriages, Births▪ and Burials.
31▪ 100, 177
His Fees.
14 [...], 292
To r [...]turn [...] the Names of Jurors.
132, 18 [...]
Penalty for Neglect.
182
Town Council how to be elected, and their Power.
9
Regulated.
135, 177
To prove Wills, and grant Administration.
5
Appeals allowed.
6
To lay out High-Wa [...].
53
To have the Care of Persons entitled to a Pension.
74
To settle Watches in Times of Pe [...]ce.
80
To regulate the Fishing in Rivers.
81
To po [...] common Tiplers.
83▪ 95
To inquire into the Improve­ment of Lands, &c. given for charitable U [...]es.
87
To [...] personal E [...]tates.
93
Their Power to receive or r [...] ­ject Str nge [...] a [...] Inhabitants.
102
To [...].
114
To [...].
123
To prevent [...]sord [...]rly Indian [...].
126
[...] O [...]der [...] rela [...]ing to Dogs.
127
[Page]To receive of the Naval Officer, Six P [...]nce per Month of all Sailors Wages.
151
President to administer Oaths.
178
Their Power relating toOysters.
184
To take Bonds from Admi­nistrators.
202
To send away Persons rejec­ted from being Inhabitants.
203
To bind out poor Children Apprentices.
236
To have the Care of Persons Non Compos.
249
To take a List annually of Persons to be Ju [...]ors.
251
Their Authority about the Small Pox.
275, &c.
Town Meetings [...]regula­ted.
125, 255, 287
Town Officers to be annually chosen.
9, 42, 82, 162
Town Serjeant to warn the De­puties.
2
To warn Jurors.
130, 132
His Fees.
145, 290
To serve Writs and Executi­ons, in Case.
76, 206
Town Treasurer to be sued for Town Debts.
16
To provide a Standard of Weights and Measures.
 
Traders foreign, to be rated.
220
Tradesmen, not to leave their Work, till finished.
121
Training, who liable to train.
65
Who are excused.
65, 199, 293
How often to be held.
68
Fine for Neglect.
233
Transitory Actions.
134, 156
Transportation, clandestine, of Persons prohibited.
29
Travellers from infected Places, to remain five Days on the Borders.
278
Treason, its Punishment.
116
Treasurer General, to giveBond.
146
His Salary.
146, 166
To sue Persons living out of the Colony.
287
Treesnot to be cut or carried away without the Owner's Leave.
286
Trespasses, Act to prevent them.
285
Troops of Horse, three established.
7 [...]
Trooper's Fine.
71, 100, 292
Trustees.
See Bills of Credit emitted.
Try [...]l of Actions not exceeding Five Pou [...]ds.
280
Tonnage, Duty on.
34, 292
V
Value of Rateable Estates.
29 [...]
Vendue-Masters established.
82
To give Bond.
241
Penalty for acting as such without Authority.
241
Impowered to call special Courts.
253
Vessels not to sail without a Cer­tificate to the G [...]er of the Fort.
35
Infected, where not to anchor.
274
Vexatious Suits, discouraged.
7 [...] ▪ 189
Vo [...], who may vote for Gene­ral Offi [...]ers.
1, 2 [...]2
No Rew [...]d to be offered.
193
Penalty f [...]r putting in two Votes.
217
For Person [...] vo [...]ing, who are not qualified.
218
Votes (Proxy)
See Proxy.
[Page]
W
Warwick, Grants confirmed.
21
Township divided.
242
Waste-gates to be kept open.
210
Watches, how to be appointed.
80, 248
Penalty for refusing or neglect­ing.
289
Water-Fences, how to be made and maintained.
125
Wears regulated.
81, 91, 254, 285
Weights and Measures.
Penalty for selling or buying by false Ones.
 
Westerly, the Town of, erected.
13
Grants confirmed.
21
Divided.
208
West-Greenwich a Township.
235
Widows not to be barred of their Dower.
51
Wild-Cats, Premium for killing them.
178
Wills, how to be made and proved.
5
Fees for the Probate.
140
Witnesses from other Govern­ments, protected from Arrests.
17
Their Allowance.
76
Time of their Attendance.
258
May be summoned by Justices.
304
Wolves, Premium for killing them.
169, 225
Wood, Fire-wood, Act to pre­vent Frauds in it.
[...]7
Wood-Corder, to be sworn.
27
Woods not to be fired.
36, 90
Wounded Persons allowed a Pension.
74
Writs how to be signed and di­rected, when the Recorder or Sheriff are Parties.
76
When between the Sheriff and Town Serjeant.
301
Writs and Processes in the Infe­rior Courts.
131
How to be served, and when.
131, 132, 302, 301
To be indorsed by the Attor­ney, in Case.
135
Writs of Error, &c. to be tryed at the Superior Court.
138
Of Arrest, the Form.
139
OfReview, when to be taken out.
168, 184
[Page 1]

ACTS AND LAWS, Of His MAJESTY'S COLONY OF Rhode-Island, AND Providence-Plantations, In NEW-ENGLAND, In AMERICA.

NEWPORT, RHODE-ISLAND: Printed by the Widow FRANKLIN, and to be Sold at the Town-School-House. M, DCC, XLV.

[Page]

LAWS, Made an [...] past by the General Assembly of His Majesty's Colo­ny of Rhode-Island, [...]nd Providence-Plantations, Begun and Held at Newport, the first Day of March, 1663.

An Act regulating the Election of General Officers.

BE IT ENACTED by the General As­sembly of this Colony, Who shall Vo [...]e at [...]en [...] ­ral Electio [...]s. and by the Authority of the same it is hereby Enacted, That all Persons whatsoever,Vide Act 1742. that are Inhabitant [...] within this Colony, and admi [...]ted Freemen of the same, shall and may have liberty to Vote for the Electing of all the General Of­ficers in this Colony, either in Person or by Proxy,The Tim [...] w [...]en. upon the first Wednesday of May Annually, as is express'd in the Charter of the Colony.

AND be it further Enacted by the Auth [...]rity aforesaid, That on the first Wedn [...]sday of May Annually, there shall be Chosen and Elected, one General Recorder, Gen [...]ral R [...] ­c [...]der, Sh [...]iff, A [...]torney-G [...] ­neral [...]nd Ge­neral Treasu­ [...]er appointed. who shall be Secre­tary of the Colony, one Sheriff, who shal have the Care and Custody of His Majesty's Goal in Newport, one General Attor­ney, and one General Treasurer; for the better regulating and managing the Affairs of the Government, and shall be Chosen in manner as aforesaid.

AND that each and every Person that shall Vote by Proxy, shall on the Town-Meeting Day next preceeding the General Election, openly in the said Meeting,Proxy Votes how taken. deliver in his Votes to the Town Clerk of the Town wherein he Dwells, with his Name written at length on the backside or the bottom thereof; which Votes so taken, shall be immediately Sealed up by the Town Clerk, and by him delivered either to an Assistant, Justice, Warden or Deputy of said Town, who shall be by the said Town-Meeting appointed for the same;And return'd to the Assem­bly. by him to be deli­vered [Page 2] to the Governour, or Deputy Governour in open Court, before the Election proceed.

[...]neral Offi­c [...]s t [...] be En­ [...]ag [...]d. AND be it further Enacted by the Authority aforesaid, That all General Officers shall take the following Engagement, before they Act in their respective Offices.

YOU A. B. are by the free Vote of the Free-men of this Colony of Rhode-Island,The Form [...]f the [...]nga [...] [...]nt. and Providence-Plantations, E­lected unto the place of in this said Colony, and do solemnly Engage true Allegiance unto His Malesty, His Heirs and Successors to bear, and in your said Office, equal Iustice to do, unto all Persons, Poor and Rich within this Iurisdicti­on, to the utmost of your Skill and Ability, without Partiali­ty, according to the Laws established, or that shall be establish­ed according to the Charter of this Colony, as well in matters Military as Civil. And this Engagement You make and give upon the Peril of the Penalty of Perjury.

The Reciprocal Engagement.

I Do in the Name and Behalf of this Colony, Re-engage to stand by YOU, and to support you by all due Assistance and Encouragement in the Performance and Execution of your a­foresaid Office, according to your Engagement.

AND be it further Enacted by the Authority aforesaid, That no Person shall be Elected to the Place of a Deputy to Sit in the General Assembly of this Colony,None but Fre [...] ­men and Free-holder [...] to be Deputies. but those that are Free-holders therein, and Freemen of the sam [...] ▪ And that each respective Town in this Colony, shall Choose and Elect their Number of Deputies as stated in the Charter, at their respective Town Me [...]ting [...] n [...]xt pr [...]c [...]eding such Court of As­sembly, for the which they shall be Elected. And that the Town Clerk of each respective Town shall grant forth his Warrant to the Town Sergeant or Constable of said Town, to warn such Deputies as shall from time to time be Chosen in each respective Town, to attend the Assemblies for which they are Chosen; and also the Town Clerk shall make return of such Deputy Chosen as aforesaid, to the General Recorder for the time being,Vide Act 16 [...]. on the first opening of the Assembly; who is hereby appointed Clerk of the same.

On urgent Oc­cas [...]ons th [...] Go­vernour, or Dep [...]ty Go­v [...]rnour to call th [...] Ass [...]mbly. AND be it Enacted by the Authority aforesaid, That when and so often as any Emergent Occasions shall require an A [...] ­sembly to be called at any other times than is expresly men­tioned in the Charter, that then and in such Cases, the Gover­nour, and in his absence the Deputy Governour, shall, and they are hereby fully Authorized and Impowered to Grant forth a Warrant to the Sheriff, to Warn and Require the Free­men [Page 3] of each respective Town in the Colony, to Choose and Elect their respective Number of Deputies as aforesaid, to such Court as by the Governour, or Deputy Governour's Warrant shall be directed: their Notification and Return to be in man­ner as aforesaid.

AND be it Enacted by the Authority aforesaid, Vide Act 1 [...]21. That each respective Town shall pay unto their Deputies, Three Shillings per Diem each, during their Attendance on the Court of As­sembly.

AND be it further Enacted by the Authority aforesaid, That every Person, that shall be Elected to the Place of a Deputy shall take the following Engagement before he shall act therein.

YOU A. B. Being Chosen to the place of Deputy, to sit in the General Assembly, Form of De­pu [...]e [...] Enga [...]ement. Do solemnly Engage true Allegiance to His Majesty His Heirs and Successors to [...]ear, as also Fidelity to this His Majesties Colony of Rhode-Is­land, and Providence-Plantations, and the Authority therein Established according to our Charter; AND YOU do fur­thea Engage equal Right and Iustice to do to all Persons as shall Appeal unto You for your Iudgment in their respective Cases. And this Engagement You make and give upon the Per­il of the Penalty of Perjury.

An Act for Declaring the Rights and Priviledges of His Majesty's Subjects within this Colony.

BE IT ENACTED By the General Assembly of this Colony, No Free-m [...]n to be impri­soned, or d [...] ­prived of hi [...] Liberty, [...]c. But by hi [...] P [...]er [...] [...]c. No [...] or Duty to [...] raised, but by the G [...]n [...]al Assembly. and by the Authority of the same it is hereby E­nacted, That no Free-man shall be Taken or Imprisoned, or be deprived of his Free-hold, or Liberty, or Free Customs, or Ou [...]-Lawed, or Exiled, or otherways Destroyed▪ nor shall be passed upon, Judged or Condemned, but by the Lawful Judg­ment of his Peers, or by the Law of this Colony, And that no Aid, Tax, Tallage, or Custom, Loan, Benevolence, Gift, Excise, Duty or Imposition whatsoever, shall be Laid, Asses­sed, Imposed, Levied or Required of or on any of His Majes­ty's Subjects within this Colony or upon their Estates, upon any manner of Pretence or Colour whatsoever, but by the Act and Assent of the General Assembly of this Colony.

AND that no Man, of what Estate and Condition soever, sh [...]ll be put out of his Lands and Tenements, nor Taken,No Person to b [...] [...] o [...] [...] other wil [...] mo­lested, [...]u [...] by due Course of [...]aw. Al [...] Persons of [...]states and O [...]edi [...]nt to the Magi­stra [...], to h [...]ve liberty to [...] to [...]. nor Imprisoned, nor Disinheri [...]ed, nor Banished, nor any ways De­stroyed, [Page 4] nor Molested, without being for it brought to An­swer by due course of Law; And▪ that all Rights and Privi­ledges granted to this Colony by His Majesty's Charter, be en­tirely kept and preserved to all His Majesty's Subjects resid­ing in, or belonging to the same; And that all Men profess­ing Christianity, and of competent Estates, and of civil Con­versation, who acknowledge, and are Obedient to the Civil Magistrate, though of different Judgments in Religious Affairs (Roman Catholicks only excepted) shall be admitted Free­men, and shall have Liberty to Choose and be chosen Officers in the Colony both Military and Civil.

An Act for the p [...]nting of Illegal and Clandestine P [...]hases of the Native Indians in this Colony.

FOR AS MUCH as divers Persons have made Purchases of Lands in this Colony of the Indians, without the consent or approbation of the General Assembly, which manifestly tends to the Defrauding, and Manifest Injury of such Native Indians, as well as defeating the just Rights of this Colony.

All Purcha [...]es of the Native [...] wit [...]out the consent of the Assembly to be void. BE it therefore Enacted by the General Assembly, and the Authority of the same, That no Person or Persons for the future, shall purchase any Lands or Islands within this Colony, of or from the Native Indians within the same, but such only as are so allowed to do by the General Assembly, upon Pen­alty of forfeiting all such Lands or Islands so purchased, to this Colony; And to pay for every such Purchase by them so made,And the P [...]r­son pu [...]cha [...]ing, [...]o be fined. the Sum of Twenty Pounds as a Fine, to and for the Use of the Colony; And all such Purchases shall be Esteem­ed and Adjudged Null, Void, and of none Effect.

An Act appointing a publick Seal for this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, Colony S [...]l. That there be one Seal made for the publick Use of the Colony; and that the Form of an An­chor be Engraven thereon: And the Motto thereof shall be the Word HOPE.

An Act for the Probate of Wills, and Granting of Ad­ministrations.

TownCoun [...]l' [...] to [...] and [...]. BE IT ENACTED By the General A [...]bly, and by the Authority of the same, That the Power of proving of Wills, and granting of Administrations of the Personal Estate of Per­sons [Page 5] deceased, shall be in the respective Town Councils of this Colony, where such Person deceased last Dwelt or Inhab­ited; which said Town Council, or the major part of them, shall have the Power, as Judge of Probates, to take the Pro­bate of Wills and Testaments, and grant Administrations, and all other matters relating thereto, to Act and Do, as by the Laws of England, and of Hi [...] Majesty's Colony doth belong to the said Office.

And be it further Enacted by the Authority aforesaid, All Will [...] de­vising Land shall be in Writing, and shall have 3 Witnesses. That all Devise [...] and Bequests of Land or Tenements, or of any Right or Interest in the same, shall be in Writing, and Sign'd by the Party so devising the same, And shall be Attested and Subscribed in the Presence of the said Devisor, by three or four credible Witnesses, or else shall be Void and of none Effect.

And be it further Enacted by the Authorit [...] aforesaid, That the Town Council of each Town, may Summons and Convent before them, all and every Person named Executor or Execu­tors, of any Testament, to the intent to prove or refuse the Testament of his or their Testator; And to bring in Invento­ries of such Testator's Estate;Ex [...]cu [...]ors to give Bond. And in case such Person or Per­sons take upon him or them, the Executorship, by proving the Will, that then at the same time, such Executor or Exe­cutors, shall give Bond to the said Town Concil, that within one Month af [...]er such Probate,And make Inven [...]o [...]ies. he or they will Exibit a true and perfect Inventory upon Oath, of the whole Personal Es­tate of t [...]e Deceased, as far as shall come to his or their know­ledge; And that he or they will add thereunto, what and so much as may afterwards appear.

And be it further Enacted, That such Executor or Execu­tors, upon his or their making an Inventory of said Estate,Inventory how made. And to be Ex­ [...]ibited to the Town-Co [...]ncil to be Recorded. shall call two of the next of Kin, or two other honest Men, and of good Credit of the Neighbourhood, and in their Pre­sence, and by their Direction cause to be made a True and Per­fect Inventory of all the Goods and Chattels, Wares, Mer­chandizes, Rights and Credit of the Testator to be Exhibited to the Town Council, and there Recorded.

And be i [...] further Enacted, Wills how pro [...]ed. When proved, to be Record [...]d That upon Probate of such Will or Testament, the Witnesses to the same, shall upon their Oaths declare, that they saw the Testator Sign, Seal, and Declare the same to be his last Will and Testament; And that in his Pre­sence, they set their Hands as Witnesses thereunto, and the said Testator was in his perfect Mind and Memory, at the same time. Which said Testament being so proved,Administrati­on [...]. the Clerk of the said Council, shall transcribe a Copy thereof into the Book of Record▪ and deliver the Original to such Executor or Execu­tors, [Page 6] with an Attest of its being Recorded. And the said Town Council, shall without Delay give to such Executor or Executors, under the Seal of the said Office, a Power to Ad­ [...]inister the said Estate.

And be it further Enacted by the Authority aforesaid, That in case the Person or Persons named Executor or Executors in a Will (being duly Summoned) before such Town Council, to prove the Will,I [...] the E [...]cu­to [...]s r [...]fuse to [...], to grant Admini­stration to the n [...]x [...] of Kin, or to the grea [...]est Creditor. shall refuse so to do, and take upon him the charge of Executorship, such his Refusal shall be entered in the Register's Book of said Town Council, and thereupon such Town Council shall grant Letters of Administration, with the Will annexed thereto, to the Widow or next of Kin to the deceased Person, that shall desire the same; And upon their Refusal, to one or more of the Principal Creditors, [...]s the said Cou [...]cil sh [...]ll think fit.

And be it further Enacted, That when and so often as any Person shall Dye Intestate,Administrati­on of Intestate Estates, to be granted to the Widow, or next of Kin. Administration of such Intestates personal Estate shall be granted to the Widow, or next of Kin to the Intestate that shall desire the same. And in case of their refusal thereof, to such principal Creditor or Creditors, as the said Town Council shall think fit.

PROVIDED always, and be it Enacted, That such Widow or next of Kin, or [...]rincipal Creditor or Creditors of such Intestate,Administra­tors to give Bond, and render an Ac­compt of their Administrati­on to the TownCounc [...]l, when required. desiring the Administration of such Intestate E­state, shall at the granting of the same, give Bond to the said Town Council, with two sufficient Sureties, in double the Sum of what the said Intestate's Personal Estate shall be by the said Town Council Valued to be worth, for his and their true and rightful Administration of the said Estate according to Law; And duly Exhibiting a true and perfect Inventory of such Estate unto the Town Council, and to them at all times when Required, to render a true and faithful Account of such his,Vide Act 1737. her, or their Administration.

AND be it further Enacted, That if any Party shall be Agrieved at the Judgment or Sentence of such Town Council, for any matters contained in this Act,Appeal to the Governour and Council, as Supream Judge of Probates. that in such Case, it shall be Lawful for such Person to Appeal from the said Judg­ment or Sentence, unto the Governour and Council of this Colony; who as the Supream Ordinary, or Judge of Probates, are hereby Impowered, to hear and, determine such Appeals, and to give such Judgment thereupon, as to them shall appear right and agreeable with Law.Vide Act 1737.

PROVIDED always, That such Person or Persons de­siring an Appeal as aforesaid,Appellant to give Bond. give security by Bond, to said [Page 7] Council, to prosecute such Appeal with Effect, and to pay such Costs, as may be taxed against him or them.

AND be it further Enacted by the Authority aforesaid, That if any Person shall Marry with an Executrix, or Admi­nistratrix,He that Mar­ [...]ies [...]ith an [...]xecutrix, or Admini [...]ra­trix to give Bo [...]d. such Person upon Information given thereof by any Creditor, Legatee, or other Person Interested in such Estate, to the Town Council, before whom the Will was proved, or by whom Administration was granted, shall be Obliged by such Town Council, to give Bond with sufficient Sureties, in Dou­ble the Value of such Estate, to such Town Council, and their Successors, for the Right, Full and Due Administration of the Estate of the Testator or Intestate, by such Executrix or Admi­nistratrix And in case of Refusal,Upon r [...]fusal to [...] commit­ed to [...]oal. any one or more of the Justices of the Peace or Wardens, belonging to such Town Council shall Commit such Person to his Majesty's Goal in Newport, there to remain until he shall have performed th [...] same.

AND be it further Enacted, That upon such Persons giv­ing B [...]n [...], with Sureties as aforesaid, all former Bonds given by such E [...]ecutrix or Administratrix, shall be delivered up to be Cancel'd.

LAWS, Made and past by the General Assembly of His Majesty's Colo­ny of Rhode-Island, and Providence-Plantations, Begun and Held at Newport, the first Day of May, in the Eighteenth Year of His Majesty's Reign Annoque Domini, 1666.

An Act, Establishing, Settling and Regulating, the General Courts of Trials within this Colony, in both civil and cri­minal Causes.

Superseded by Acts [...] A. D. 1729.

An Act for Regulating the Proceedings on Executions, and Distraints on Goods and Chattels.

BE IT ENACTED By the General Assembly, and by the Authority of the same, That in all civil Cases, where Exe­cution shall be Levied on any Person's Goods or Chattel [...],Goods [...] by Di [...]es [...], to be kept [...] before Expo [...]ed [...]o Sa [...]e. [...] Goods and Chattels so Executed upon, shall be kept in the Of­ficers [...]ands Ten Days, before they shall be Offered or Ex­po [...]ed to Sale, so that the Pe [...]son that Owned s [...]ch Goods or [Page 8] Chattels, so taken by Execution, may within the said Time (if he think fit) Pay the Money due, together with the Charges accruing on such Execution, and thereupon shall have his said Goods delivered to him again.

AND be it further Enacted by the Authority aforesaid, That in case any Officer for Rates,And also all [...]oods t [...]ken by Distress. or other justifiable Cause, shall Distrain the Goods or Chattels of any Person; that then and in such Case, the said Officer shall keep the said Goods and Chattels, for the space of Ten Days, at the Charge of the Owner of said Goods and Chattels, who within the said Ten Days, Paying the Money due, and the Charges accruing there­on, shall have the same delivered to him again. But in case the Owner shall not Redeem them as aforesaid, that then the Officer may Sell the same by publick Vendue or Outcry, and what Overplus shall remain, after the Debt and Charges are sa­tisfied and paid, shall be returned to the Owner thereof.

And be it further Enacted by the Authority aforesaid, That all Fines and Forfeitures, Fine [...] to be paid into the General Trea­sury, by the Sheriff. Five Pounds for every Month [...] neg­l [...]ct. that shall be Levied by the Sheriff or his Deputy, by Order of the General Assembly, General Court of Tryals, and General Goal Delivery, shall be by him (as by Law is required) paid into the General Treasury, to and for the Use of the Colony. And if the Sheriff shall r [...]fuse or neglect to pay the same as aforesaid, by the space of one Month, he shall Forfeit for such Offence, Five Pounds, to and for the Use of the Colony, to be recovered by the General Treasurer for the time being, in any Cour [...] of Record.

Fines to be paid into the Town Treasu­ry, by the Constable, &c. within one Months time after Levied, on the Penalty of Five Shil­lings per Month.AND that all Constables, and other Officers of the Respec­tive Towns within this Colony, who are legally Authorized and Appointed to collect and gather any Fines or Forfeitures, which of Right ought to be paid into the Town Treasury; and shall after the Levying and Collecting of the same, Neglect or Refuse so to do, by the space of one Month, he shall for every Month after the Expiration of the aforesaid time, forfeit Five Shillings, to and for the Use of such Town, to be reco­vered by Complaint or Information, before any one or more Assistants, Justices of the Peace, or Wardens of such Town.

An Act for the due Recording, Preserving and Keeping the Acts of the General Assembly of this Colony.

The Recorder to Re [...]ister the Acts of Assem­bly, and send Copies to the Towns, on the penalty of Five Pounds for e­very Offence. BE IT ENACTED by the General Assembly, and by the Authority of the same, That the General Recorder of the Colony for the time being, shall Record all the Acts of the General Assembly of this Colony in a Book, and send forth true Copies of the same to the several Towns in the Colony, [Page 9] with the Colony's Seal affixed thereunto, by the several times, as by the General Assembly shall from time to time be Or­dered; on the Penalty of Five Pounds, Vide Act 173 [...] for every such Offence that he shall be wilfully guilty of, to be paid into the Gene­ral Treasury, to and for the Use of the Colony.

An Act Establishing the Election of Town Officers in each Respective Town in the Colony.

BE IT ENACTED By the General Assembly, and by the Author [...]ty of the same, Each Town [...]o Elect Town Council-m [...]n, and o [...]er T [...]wnOff [...]cers, who shall make a Town-Coun­cil. That every Town within this Colo­ny, sh [...]ll [...] in every Year, (on a Day to be by the Free­men of each Respective Town appointed,) chuse and Elect such and so many Town Officers, as by the Laws of this Colo­ny are or shall be required. And that on such a Day, by them appointed, they shall Annually chuse and elect,Vide Acts A. D. [...]7 [...]9 & 1733. six good and sufficient Freeholders of each Town, for the constituting of a Town Council for each Town, who together with such Assistants, Justices of the Peace, and Wardens, as shall Dwell and Inhabit in said Town, with the Governour, and Deputy Governour, and each of them in such Town or Towns where they shall Inhabit or Reside, shall be and they hereby are constituted and appointed, a Town Council for such Town; And they or the major part of such Town Council,Their Power. shall be a Quorum, and have full Power to manage the Affairs and In­terest of said Town. And in all matters to Act, Do, Tran­sact and Determine, all and every thing or things, which shall fall within the Jurisdiction of the same.

AND be it further Enacted by the Authority aforesaid. That the Free-men of each respective Town, shall Annually on the Day of Election of Town Officers, Elect a Town Clerk, Wh [...] Officers shall be Annu­ally [...]. (who shall be Clerk of the Town Council,) a Town Treasu­rer, a Town Sergeant, a Town Packer, a Town Sealer of Weights and Measures, and so many Constables, Rate-makers, Overseers of the Poor, Surveyors of Highways, Viewers of Fen­ces, and all other Officers, as each or any Town in this Colo­ny, shall have Occasion for.

AND be it further Enacted by the Authority aforesaid, That the Free-men of each Respective Town,Towns [...] to ma [...] Free­men. on their Respective Town meeting Days, as shall be by them appointed, shall and they here­by have full Power granted them, to Admit so many Persons, In­habitants of their Respective Towns,Vide Act 1729 and 1742. Freemen of their Towns, as shall be by them Adjudged deserving thereof; And that the Town Clerk of each Town, shall once every Year send a Roll or List of all Free-men so Admitted in their Respective Towns, to the Generall Assembly to be held for this Colony at Newport, the Day before the General Election, and also [Page 10] such Persons that shall be so return'd and Admitted Free-men of the Colony, shall be inrolled in the Colony's Book, by the General Recorder.

AND be it further Enacted by the Authority aforesaid, That whosoever shall be Legally chosen and elected to the Of­fice of a Constable, within any Town within this Colony, and shall refuse to serve in said place, shall Pay as a Fine, the Sum of Three Pounds, Constables Fine, i [...] [...]fu­ses [...]o Serve, T [...]ree Pounds, Six Sh [...]llings and Eight Pence. Six Shillings and eight pence, to be paid into the Town Treasury, to and for the Use of such Town; And if the Person so chosen shall refuse to Pay the same, that then it shall and may be Lawful for any Assistant, Iustice of the Peace, or Warden of such Town, to Grant forth a War­rant of Distress, to Distrain and Levy so much of said Per­sons Goods and Chattels, as shall pay the same, and the said Fine so Levied, to be paid into the Town Treasury as afore­said.

And Town Sergeants and Rate-makers, F [...]rty Sh [...]l­lings. AND be it further Enacted by the Authority aforesaid, That whosoever shall be duly Elected to the Office of Town Sergeant, or Rate-maker in any Town within this Colony, and shall refuse to serve therein as by Law required, shall pay as a Fine Forty Shillings, into the Town Treasury, to and for the Use of such Town; and if such Person shall refuse to pay the same, then it shall be taken by Distraint in manner as afore­said.

Town Officers to be Engaged. And be it further Enacted by the Authority aforesaid, That every Person that shall be chosen and elected to any Town Office, in any Town within this Colony, shall take the fol­lowing Engagement, before he act in his said Office.

The Form of their Engage­ment. YOU A. B. Do hereby solemnly Engage, true Allegiance un­to His Majesty His Heirs and Successors to bear; and that You shall well and truly Execute the Office of for this ensuing Year, or until another be Engag­ed in your room, or You be Legally Discharged thereof, and this Engagement, You make and give upon the Peril of the Penal­ty of Perjury.

An Act for the Regulating of Fences, throughout this Colony.

FORASMUCH as Disputes and Differences, have arisen, and daily do arise between the Owners and Proprietors of Lands within this Colony, about the making their proportionable parts of Fence, where their Lands joyn and are under Improve­ment.

[Page 11] For the regulating whereof:

BE it therefore Enacted by the General Assembly, and by the Authority of the same, That all Partition Fences, between Lands under Improvement,Partition Fen­ces to be equal­ly maintained. shall be made and maintained from time to time in equal halves, by the Proprietors or Possessors of such Land respectively, and in Case any Proprietor of any Land, shall Improve his Land, (the Land adjoyning being unimproved,) and make the whole Partition Fence; in such Case, the Proprietor or Possessor of the Land adjoyning and unimproved, shall upon his Improvement of the same, pay for the one half of such Partition Fence, according to the Va­lue thereof at that time, and shall keep up and maintain his half part thereof for the future.Upon Neglect, how to be pro­secuted. And in case either of the Proprietors or Possessors of adjoyning Lands, shall refuse so to do; That then upon Complaint of the Party agrieved there­by, to the Viewers of Fences in said Town, any two of the said Fence Viewers, are to take a View of such Fence so want­ing, or not kept in Lawful repair, and upon their certifying the same under their Hands; The said Party agrieved may make or repair the Fence so certified to be wanting, and re­cover the charge and damage thereof, if not exceeding Forty Shi [...]lings, by Action to be brought before any two Assistants, Iustices of the Peace, or Wardens in said Town, and if the charges or damages are above Forty Shillings, then at the Ge­neral Court of Tryals.

AND be it further Enacted by the Authority aforesaid, That if any Person shall withdraw his Fence from the Line,Any one that withdraws his Fence, shall yet maintain one half of his Line. between himself and Neighbour, the Party so doing, shall make and maintain the one half of his said Neighbours Fence notwithstanding, saving to every Person such Agreement, for the maintainance of their divisional Fence, as shall be by them made.

AND be it further Enacted by the Authority aforesaid, That all the several sorts of Fences hereafter mentioned, and made as is hereafter expressed,What Fence shall be deem­ed lawful Fence. are and shall be deemed and adjuged Lawful and sufficient Fence, for the Fencing in of any Lands, and that all other sorts not here expresly mentioned, that shall upon the View of the Fence Viewers,Vide Acts 171 [...] & 171 [...]. be adjudged as good and sufficient as these that are hereafter mentioned, shall be deemed Lawful Fence, against Horses, Neat Cattle, Sheep, &c. A Hedge with Ditch, shall be three Foot high a­bove the top of the Ditch, and well staked at the distance of every Foot and half, bound together at the top, and well fill'd; A Hedge without a Ditch shall be four Foot high, staked, bound, and filled as a Hedge with a Ditch; And Post and Rail [Page 12] Fence on a Ditch or Bank, shall be four Rails high, well set in Posts; And all Post and Rail Fence without a Ditch or Bank, shall be made five Rails high, and well set in Posts. And that if the above specified sorts of Fence, and other sorts not herein expresly mentioned, be not adjudged or deemed equi­valent thereunto, by the Fence Viewers as aforesaid, shall be deemed unlawful Fence, and the Party that shall be agrieved thereby, shall have and recover his Damages accruing thereon▪ against the Possessor of such Land.

An Act for preventing any Inhabitants of this Colony, from subjecting their Lands under any other Government.

No Person shall subject any Land [...] wi [...]hin this Colony under any other. On the Penal­ [...] of forfe [...]ting all such Lands, and being fin­ed at discre­tion. BE IT ENACTED by the General Assembly, and by the Authority of the same, That if any Person or Per­sons, Inhabiting within, or having any right to any Lands ly­ing within the Limits of this Colony, shall Subject, Put, or Endeavour by any ways or means to Put, or Subject such Lands, under the Jurisdiction or Authority of any other Government or Colony: That such Person or Persons, being duly convicted thereof, shall forfeit to and for the Use of this Colony, and towards the Support thereof, all such Lands by him or them so Subjected, or Put, or Endeavoured to be Subjected or Put under any other Government or Colony; and be further Fined, at the Discretion of the Judges of such Court, before whom convicted; and whoever shall be Procuring, Aiding, Abetting or Assisting, any other Person or Persons in any of the afore­said Offences, and being thereof duly convict, shall be Fined at the Discretion of the Judges of the Court before whom con­victed.

An Act to prevent excessive Riding in any of the Streets or Highways of the Towns of Newport and Providence.

WHEREAS several Persons have had their Bones broke, and received other Damages, by excessive Riding in the Streets or Highways of the Towns of Newport and Providence.

For the preventing whereof for the future:

BE IT ENACTED by the General Assembly, and by the Authority of the same, Excessive Ri­ding to be punished by fining, not ex [...]eeding Five Shillings. That whosoever shall Ride faster than a common Traveling pace, in any of the Streets or High­ways of the Town of Newport, or shall Ride a Gallop in the Streets or Highways of the Town of Providence, shall for eve­ry such Offence,No App [...]l. V [...]de Act 1730. Forfeit Five Shillings, the one half to the Informer, and the other half to and for the Use of the Poor [Page 13] of the Town, where such Offence shall be committed, to be Recovered upon Complaint thereof made before any one Assis­tant, or Justice of the Peace, of the Town where such Of­fence shall be committed, together with the reasonable Charge accruing thereon, unless Justifiable excuse shall be made to ap­pear before the said Assistant, or Justice, that shall Try the same.

An Act, Establishing Pounds and Stocks, &c.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That each respective Town in the Colony s [...]all Erect, Build,Every Town to [...]ave a Pound, a [...]d a Cage or Stocks. On the penalty of Ten Pounds. Make and Maintain at their own charge, one publick Pound, for the impounding of Horses, Neat Cattle, Sheep, &c. and one good sufficient Pair of Stocks or Cage, for the Punishing and Securing of Offenders, in such place or places of each respective Town, as shall be to them most convenient, on the Penalty of Forfeiting Ten Pounds, to and for the Use of the Colony, by every Town as shall neglect the same.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the first Day of May, 1669.

An Act for Erecting a Township in the Narragansett Country to be called Westerly.

WHEREAS the Inhabitants of a certain Tract of Land, in the Narragansett Country, called and known by the Name of Misquamacuk, alias Pawcatuck, Bounded Westerly on the Colo­ny Line, and Southerly on the Sea, have Petitioned this As­sembly to be Incorporated into a Township; and their being a sufficient number of Inhabitants already settled thereon, and Land convenient for the same,

BE IT THEREFORE Enacted by the General As­sembly, and by the Authority of the same, That the afore­said Tract of Land be,Westerly Erec­ted a Town­ship. and it hereby is Incorporated a Town­ship, and called by the Name of Westerly: And the Inhabi­tants thereof▪ shall have and enjoy all the Rights, Immunities, Priviledge [...] Powers, as other Towns in this Colony have or do Enjoy

[Page 14]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held at Newport, the Second Day of May, 1671.

An Act for Subsisting of poor Prisoners committed at the King's Suit.

BE IT ENACTED by the General Assembly, and by the Authority of the same, Poor Prison­er's at the King's Suit al­lowed Five [...]ence per Diem. That all Persons that shall be committed to Goal in this Colony, for criminal Offences, and are Poor, and have not wherewithal to subsist themselves, shall be allowed Five pence per Diem, Vide Act. out of the General Treasury of this Colony, for their Subsistance, during their Imprison­ment. Provided they demand the same.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations in New-England, Held at Newport, the Second Day of May, 1672.

An Act for Incorporating the Lands on Block-Island, a Township to be called New-Shorcham.

WHEREAS the Inhabitants of Block-Island, have Pe­titioned this Assembly to be Incorporated a Township, and there being a sufficient Number of Inhabitants already Settled thereon, and Land convenient for the same.

BE IT THEREFORE Enacted by the General Assem­bly, Block-Island Erected a Town [...]ip, and called New-Shoreham and by the Authority of the same, That all the Lands of Block-Island, be and they hereby are I [...]corporated a Town­ship, and called New-Shoreham; and the Inhabitants thereof, shall have and enjoy all Franchises, Immunities, Priviledges and Powers, as in their Charter Granted them by this Assem­bly is more largely set forth.

[Page 15]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations in New-England, held at Newport, the Twenty Eighth Day of October, 1674.

An Act Incorporating a certain Tract of Land in the Nar­ragansett Coun [...]y into a Township, to be called Kingstown.

WHEREAS the Inhabitants of a certain Tract of Land in the Narragansett Country, Bounded East by the Narra­gansett-Bay, S [...]utherly by the Sea, or Ocean, and West by the Township of Westerly, have Petitioned this Assembly to be In­corporated a Township; and there being a sufficient Number of Inhabitants already settled thereon, and Land convenient for the same.

BE IT THEREFORE Enacted by the General As­sembly, and by the Authority of the same, That the aforesaid Tract of L [...]nd in the Narragansett Country,Kingsto [...] E [...]ected. be and hereby is Incorporated a Township, and called Kingstown, and the In­habitants thereof shall have and enjoy all such Immunities, Priviledges and Powers, as in their Charter Granted them by this Assembly, is more largely and amply set forth.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Thirty first Day of October 1677.

WHEREAS there is a certain Tract of Land in the Narragansett Country, Bounded Northerly upon the Town of Warwick, and Easterly upon the Narragansett-B [...]y, Souther­ly and Westerly as by Plat, returned to this Assembly, by Messieurs Peleg Sanford, and John Smith, Surveyors, especially Impower­ed thereto.

BE it therefore Enacted by the General Assembly, and by the Authority of the same, That the aforesaid Tract of Land be,East Green wi [...]h Incorpo­rated a To [...]n­ship. and it hereby is Incorporated a To [...]nship ▪ and called East [...] th [...] Inhab [...]tants thereof, shall have all such [...] as oth [...] Towns in this [...] do enjoy.

An [...] for Granting R [...]earings.Supers [...]ded by Act [...] pass [...]d A. D. 1729. [Page 16] An Act to Enable private Persons to Recover their Debts due from any Town, by Action against the Town Treasurer.

BE IT ENACTED By the General Assem [...], and by the Authority of the same, That all Persons wha [...]soever, that shall have any Money due to him or them, from any Town in this Colony, for any matter, cause or thing whatsoever, shall take the following Method for the obtaining of the same: To wit, How Debts due from a Town may be recover'd. Account to be exhibited to the Town-meeting, and then the Town Treasurer to be Sued for the same. If the Town Treasurer have not sufficient to pay the same, to give Information thereof to an Assistant, &c. who is to call a Town-meet­ing, to make a Ra [...]e for the same. And if any Town shall neglect so to do, such Town shall be Fined by the General Assembly. Such person or persons shall Present to the Town Meet­ing, a particular Account of such Debt or Money due, and how contracted; which being done, in Case Just and due Sa­tisfaction is not made him or them by the Town Treasurer of such Town, within one Months time after such account be given in as aforesaid, that then it shall be Lawful for such Per­son or Persons, to Commence his or their Action against such Town Treasurer, for the Recovery of the same, and upon Judgment obtained for such Debt, or Money due, in Case the Town Treasurer shall not have sufficient of the Town's Money in his Hands, to satisfy and pay the Judgment obtained a­gainst him, and the Charges expended in defending such Suit; That then upon Application made by such Town Treasurer, to any one Assistant, Justice of the Peace, or Warden of such Town, such Assistant, Justice or Warden, shall grant forth a Warrant, to the Town Sergeant of such Town, Requiring him to warn the Inhabitants of such Town, to hold a Town Meet­ing, at such time and place as shall be Appointed, for the speedy ordering and making a Rate, to be collected for the Reimbursement of such Town Treasurer; And in Case such Town upon due warning given them, shall not take due, speedy, and effectual care to Reimburse, Pay, or Satisfy such Town Treasurer such Moneys, Costs and Charges by him Expended or Recovered against him; That then upon Infor­mation or Complaint thereof by him made, to the next General Assembly of this Colony, such Order shall be given therein, for the said Treasurer's Reimbursement, with Allow­ance for all incident Costs, Charges and trouble occasioned thereby; and such Town shall be Fined, at the Discretion of the said General Assembly.

An Act Directing the Duty of His Majesty's Attorney Ge­neral in this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, Attorney Ge­neral to at­tend theCourts de Die in Diem, and to draw all In­dictments, and prosecute the same. That His Majesty's Attorney General for this Colony, shall give his Attendance at all Ge­neral Courts of Tryals, and Goal Delivery, where his Atten­dance is by Law Required, for the Service of His Majesty: [Page 17] And is to give unto such Court or Courts, due Advice and Information, concerning any Crimes, Breaches of the Peace, or wrongs done to His Majesty, or any of His Subjects, that [...]hall come to his Knowledge; and to draw up and present to such Court [...], all Information [...] and Indictments, or other Legal Process, against any such Offenders, as by Law is Re­quired, and dilig [...]ntly by a due course of Law, to prosecute the [...]ame, to fin [...]l Judgment and Execution.

An Act for [...]he Protection of Witnesses from Ar [...]est, that shall com from ano [...]her Government to give Evidence.

WHEREAS many times it falls out, that Persons liv­ing i [...] other Government [...], can give Evidence against Cri­minals, but for fear of being Arrested, are discouraged from giving t [...]ir Personal Attendance in the Courts of this Colony, as is needful and re [...]uisite in such Cases.

BE IT THEREFORE Enacted by the General As­sembly, and by the Authorit [...] of the same, That where any Person shall by Notification in Writing from any Assis­tant, Justice of the Peace, W [...]rden,Persons com­ing from ano­ther [...]overn­m [...]t t [...] give Evidence, [...]ot to be Arr [...]sted. or from the General Re­corder of this Colony, be desired to Appear before such As­sistant, Justice of the Peace or Warden, or before any Court in this Colony, to give in Evidence in any Matter relating to any Criminal Offence; That such Person shall be Protec­ted, and free from all Arrest in civil Actions, during the neces­sary time of his coming and giving Evidence, and returning out of this Governmen [...] again.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Newport, the Thirtieth Day of May, 1678.

An Act for Incorporating the Island of Conanicut a Town­ship, to be called Iames-Town.

WHEREAS Mr. Caleb Carr,, Mr. Francis Brinly, and other Inhabitants of the Island of Conanicut, Have Peti­tion'd this Assembly, to be Incorporated a Township; and there being a sufficient number of Inhabitants thereon, and Land convenient for the same.

[Page 18] BE IT THEREFORE Enacted by the General As­sembly, and by the Authority of the same, That the above­said Island of Conanicut, Conanicut Island In [...]o [...] ­po [...]a [...]d a T [...]wnship, and [...] Iames Town. be, and it hereby is incorporated a Township, and called Iames Town, and the Inhabitants there­of shall have and enjoy all such Franchises, Liberties, Privi­ledges and Powers, as the Town of New-Shorcham, in this Colony Hath, Doth or ought to Enjoy.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Sixth Day of May, 1679.

An Act Prohibiting Sports and Labours on the First Day of the Week.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That no Person or Persons, within this Colony,No Person to Labou, nor P ay on the Fi [...]t Day of the W [...]ek. O [...] t [...]e Penal­ty o [...] Five Shillings. shall do or exercise any Labour or Bu­siness, or work of their ordinary Calling, nor use any Game, Sport, Play or Recreation, on the First Day of the Week, nor suffer the same to be done, by their Children, Servants or Apprentices, (works of Necess [...]y and Charity only ex­cepted) on the Penalty of Five Shillings, for every such Of­fence, to be Levied on due Conviction thereof, by Warrant of Distress, from any one Assistant, Iustice of the Peace, or Warden, to the Constable of such Town, where such Of­fence shall be committed, to and for the Use of the Poor of such Town, together with the reasonable Charges accruing ther eon. And in case such Offender shall not have sufficient to satisfy the same, then to be set in the Stocks, by the space of three Hours. And that whosoever shall improve, set to work, or encourage any other Person's Servant to Commit any of the aforesaid Offences, shall suffer the like Punishment as aforesaid.

An Act for preventing Sailors from being Trusted or Cre­dited for Strong Liquors.

WHEREAS it is the frequent Complaint of Masters and Commanders of Ships and other Vessels, of great Da­mage sustained by them, by reason of the Entertaining and Trust­ing of Sailors, (ship'd in their Employ) by Tavern-keepers and others, whe [...]by their V [...]yag [...]s are many ways hindred.

[Page 19] BE IT ENACTED by the [...] Assembly, and by the Authority of [...] s [...]me, That if any Person or Persons, keeping [...]ny Tavern, Ale-house,No [...], &c. to [...] a [...]ilor [...] [...]ive Sh [...]l [...]ngs. Victua [...]ling-house or Ordi­n [...]ry, sh [...]ll Trust or give Credit to any Sailor, ship'd on Board any Ship, or [...] V [...]ss [...]l, wi [...]hout the Knowledge and Con­s [...] or Order o [...] th [...] Ma [...]r or Commander of such Ship or V [...]ss [...]l, wh [...]reun [...]o su [...]h S [...]ilor sh [...]ll then belong, for any more or [...] Sum th [...]n Five Shillings, such person or persons gi [...]ing [...] or T [...]u [...]ing such Sailor for more, shall be wholly [...]arr'd, using the time such S [...]ilor shall remain in such C [...]mman [...]r or Master's Service, from bringing any Ac­ti [...]n for [...] me; And in case such Person shall cause such S [...]ilor to b [...] Arrested, detain'd or hindred, from following his C [...]man [...] [...]'s or Master's Employ on said Voy [...]ge, contra­ry to this [...]; such Commander or M [...]ster shall have his Action [...] such Person thereupon, and recover his full [...] wi [...]h [...].

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, H [...]ld at Newport the Fifth Day of May, 1680.
An Act, Granting Appeals to the General Assembly, [...] from the General Court of Tryals.

An Act to Inforce the Election of Town Officers, at their Usual Days of Election.

BE it Enacted by the General Assembly, and by the Au­t [...]rity of the same, If any Town [...] to [...] Court o [...] Tryal to order the [...] the [...]. That if the Freemen of any Town in the Colony, shall Neglect on their Usual Days of Election, to Choose and elect, so many Town O [...]ficers, as by them have been Usually Elected, for the Management of their Prudential Affairs; That [...]hen and in such Cases, upon any such Town being Presented to the General Court of Tryals, by the [...] Jury, and duly Convicted thereof; [...]uch Town or Town [...] shall be Fined at the Discretion of the [...] of such [...]ourt, not Exceeding Fifty Pounds, [...] of [...] G [...] ­neral Court of Tryals, [...] [...]orth an order, appointing and ordering them to [...] and elec [...] their Town Officers as Usual, for the remaining [...] of said Year, at such time as shall be [...]

[Page 20]

LAWS, Passed by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at New­port, the Third Day of May, 1682.

An Act for Establishing a Naval Office.

WHEREAS by Letters from His Most Gracious Majesty, to this Colony, Dated the Twelfth Day of November, in the Thirty First Year of His Reign, it is Ordered and Com­manded, that a Naval Office be Erected in this Colony.

BE It therefore Enacted by the General Assembly, and by the Authority of the same, The Gover­nour to Con­stit [...]te a Naval Office. The Naval Officer' [...] Duty. That the Governour of [...]his Colony for the time being, shall and hereby is Impowe [...]ed [...]o appoint one or more Naval Offices, in such Pl [...]ce or Pl [...]ces in this Colony, as he shall think fit and needful, and shall Annually appoint a proper Person or Persons as Naval O [...]ficer or Officers therein, to take Entries of Vessels, and in all thi [...]gs belonging to said Office, to take care that the Laws Relating to Navigation or Customs and Duties on Goods and Merchan­dize, be duly observed.

An Act confirming the Grants heretofore made by the In­habitants of the Towns of Newport, Providence, Ports­mouth, Warwick, and Westerly, and to Enable said Towns to make Prudential Laws and Orders, for the better Regulating their Town Affairs.

WHEREAS in the Fifteenth Year of the Reign of our Royal Sovereign Lord Charles the Second, of Blessed Me­mory, there was a Charter Granted to this his Majesty's Co­lony of Rhode-Island, and Providence-Plantations in New-England, In which was contain'd many Gracious Priviledges, Granted to the Free Inhabitants thereof; and amongst others of the said Priviledges, there was Granted to the General As­sembly of said Colony, full Power and Authority to Make and Ordain Laws, suiting the Nature and Constitution of the Place; and in Particular to Direct, Rule and Order all matters Relating to the Purchases of Lands of the Native In­dians. And this Present Assembly, Taking into their serious Consideration, That the Lands of the several Towns of Newport, Providence, Portsmouth, Warwick and Westerly, were Pur­chased [Page 21] (by the several Inhabitants thereof,) of the Native In­dians, Chief Sachems of the Country, before the Granting of the said Charter; so that an Order or Direction from the said Assembly could not be obtain'd therein, The Purch [...]ses ma e [...] the Tow [...]s of N [...]port &c., [...]. and it being thought Necessary and Convenient far the reasons aforesaid, That the Lands of the said Towns should be by an Act of the General Assembly of this His Majesty's Colony, Confirmed to the In­habitants thereof according to their Several and Respective Rights and Interest therein.

BE it there [...]ore Enacted by this Present Assembly, and by the Authorit [...] thereof it is Enacted, That all the Land Lying and being wi [...]hin the Limits of each and every of the afore­said Towns of Newport, Providence, Portsmouth, Warwick, and W [...]sterly, according to their Several Respective Purchases thereof made and obtain'd of the Indian Sachems; Be and hereby are Allowed of, Ratified and Confirmed, to the Pro­prieters of each of the aforesaid Towns, and to Each and E­very of the said Proprietors, their several and Respective Rights and Interests therein, by Virtue of any such Purchase or Purchases as aforesaid, TO HAVE AND TO HOLD, all the aforesaid Lands, by Virtue of the several Purchases thereof, with all the Appurtenances, Priviledges, and Commodities [...] belonging or in any wise Apper­taining, to them the aforesaid Proprietors, their Heirs and As­sign▪ for ever, in as Full, Lawful, Large and Ample manner to all Intents, Constructions and Purposes whatsoever, as if the said Lands, and every part thereof, had been Purchased of the Indian Sachems, by Virtue of any Grants or Allow­ance ob [...]ained from the General Assembly of this Colony, af­ter the Granting of the aforesaid Charter.

AND WHEREAS there is within several of the Towns within this Colony, considerable of Lands, Lying yet Common or Undivided; And for the more orderly way and manner of the several Proprietors, their managing the Prudential Affairs thereof: And for the more effectual making of Just and Equal Division or Divisions of the same, so that each and every of the Proprietors may have their True and Equal part o [...] p [...]oportion of Land, according to his or their proportion of Right, and that the Exact Boundaries of each and every Mans Allotments, when Laid to him may be kept in Perpetuum.

It is further Ordered and Enacted by the Authority afore­sai [...], That it shall and may be Lawful for the Proprietors of each and every such Town within this Colony,How they s [...]ll [...] the [...] Commons. being con­vened by a Warrant from under the Hand and Seal of an Assi [...]tant or Justice of the Peace, in such Town, the Occasion thereof being specified in the Warrant, for them or the Ma­jor part of them so met, to chuse and appoint a Clerk, and a [Page 22] Surveyor or Surveyors, and such and so many other Officers, as they shall Judge needful and convenient, for the orderly carrying on and management of the whole Affairs of such Community, and in like manner to proceed from time to time, as often as need shall require.

And it is further Ordered, That each and every Town within this Colony, shall, and are hereby fully Impower'd to Make and Ordain,The afor [...]said Towns to make Acts and Orders for their pruden­tial Affairs. all such Acts and Orders, for the well Management, Rule and Ordering all Prudential Affairs, with­in their and each of their Respective Bounds and Limits, as to them shall seem meet and convenient. Always Provided, and in such Cases, such Acts and Orders, are not Repugnant or Disagreable to the Laws of this Colony.

A LAW, Made and Pass'd by the General Assembly of their Majesties Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Sixth Day of May, 1690.

An Act, for establishing Justices of the Peace, in the Respec­tive Towns of this Colony.

BE it Enacted by the General Assembly, and by the Au­thority of the same, Justices of the Peace to be Elected for the several Towns. That the General Assembly that is Yearly Held at Newport, the First Wednesday of May, shall during their Session, Annually choose and Elect so many Iustices of the Peace, for each Respective Town in the Colony, as to to them shall seem needful and requisite, for the better Ad­ministration of Justice, in each Respective Town.

AND be it further Enacted by the Authority aforesaid, That whosoever shall be Elected to the Office of Justice of the Peace,Their Engage­ment. in this Colony, shall take the same Engagement as the General Officers take, before he shall Act or Officiate in said Office, and that every Justice of the Peace shall be Commissionated before his Acting in his Office, by the Go­vernour of this Colony for the time being, under the Seal of the Colony, which Commission shall be in the following Form, (to Wit.)

Their Com­mission. YOU A. B. being Chosen by the General Assembly of this their Majesty's Colony of Rhode-Island and Providence-Plantations, to the Place and Office of a Iustice of the Peace, [Page 23] for the Town of are hereby in their Majesty's Name, by the Grace of God over England, Scotland, France, and Ireland, King and Queen, Defender of the Faith ctc. Commissionated to take care for Keeping and Preserving the Peace, and Administring the Laws throughout the Township, for the which You are Chosen, Vid [...] Act 1743. according to the Laws of the Colony, and Statutes in such Cases Provided and made, and to appear at all Courts of Tryals, or make Return thereunto, concerning all Delinquents, or such whom by Virtue of your Power, by the Laws you shall Bind over unto such Courts, and upon Especial Occasion to send forth Your Warrants, to make Hue and Cry, to Apprehend any Malefactor, upon Com­plaint unto You made, in behalf of their Majesties; which Warrents are strictly to be Observed and Pass throughout this Colony, for the Apprehending any Person, to Answer at the Kings Suit. And for Your so doing, this Commission shall be Your Su­fficient Warrant and Discharge.

Given under my Hand, &c.

An Act, Establishing the Proceedings and Tryals of all Actions, not exceeding Forty Shillings.

Repealed A. D. 1743.

LAWS, Made and Pass'd by the General Assembly of His Majesty' [...] Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Fifth Day of May 1696.

An Act Regulating the Granting of Commissions to Private Men of War.

FOR the Preventing of any Illegal Actions, or Depredati­ons by Privateers, ‘Commissionated by the Governor or Deputy Governor of this Colony, on any of His Majesty's Subjects, or others in Alliance with His Majesty.’

BE it Enacted by the General Assembly, and by the Authority of the same, That no person or persons shall have any Commission given him or them, by the Governour or Deputy Governour of this Colony,Capta [...]n [...] [...] Priva [...] M [...]n of War to [...] a Thousand Pound [...]ond. for the Equipping or Fitting out any Vessel or Vessels, for the Annoying, Taking, Seizing or Destroying His Majesty's Enemies, before such Person or Per­sons desiring such Commission, give Bond of One Thousand [Page 24] Pounds, Sterling Money of England, with good Sureties for the due Observing and Acting according to such Commission; and that neither such person or persons, or any under his or their Command, shall at any time or place Commit any Acts of Hostility, Depredation or Injury, to or against any of His Majesty's Subjects or his Allies, or that are or shall be at such time in Alliance with his said Majesty, but in all things shall Act against His Majesty's Enemies, according to the Commission given him or them, and that all Prizes by him or them Taken from His Majesty's Enemies, shall be brought in [...]o some Port within His Majesty's Dominion, there to re­ceive such Examination, Tryal and Condemnation, as by the Judge or Judges Appointed by His Majesty, shall be Adjudg'd Lawful.

An Act for collecting of Rates, where the Person Rated hath no visible Estate.

BE it Enacted by the General Assembly, and by the Authority of the same, That if any Person in this Colony, being Legally rated in any Town,If no [...] E [...]tat [...] [...]o pay Ra [...], to be Committed to Goal, until the same be paid. and shall refuse or neglect to P [...]y such Rate, being by the Officer to whom such Rate sh [...]ll be Committed to Collect, Legally Demanded of such person, in Case no visible Estate can be found by such Officer sufficient for the Payment thereof whereon to Distrain, shall be by such Officer Committed to His Majesty's Goal in Newport, there to remain until the same be satisfied.

An Act for regulating the Sitting of the General Assembly.

WHEREAS it hath been found by long Experience, That the Sitting of the Governour, Deputy Governour and As­sistants with the Deputies for the several Towns, h [...]th been a great hindrance in the Managing of the Publick Affairs of the Government.

For the Preventing whereof for the future:

BE it Enacted by the General Assembly, and b [...] the Authority of the same, Governour, D [...]puty Go­vern [...]ur and Assistants to Comp [...]ise the Uppe [...] H [...]se, and Vote apart. That at all Times hereafter, During the Ses­sions of the General Assembly of this Colony, the Governour, Deputy Governour and Assistants, shall Sit apart from the De­puties of the several Towns, and Debate and Vote in all Publick Affairs of the Colony by themselves, and shall be Term'd and Called the Upper House.

[Page 25]AND that the Deputies of the several Towns in this Co­lony, shall also Sit, Debate and Vote, in all Publick Affairs of this Colony, During each Session by themselves,The D [...]u [...]lc [...] to [...] and vo [...] by the [...]el [...]. and shall be Term'd and Be the Lower House, and shall Elect their Speak­er and Clerk, for and during the Continuance of such As­sembly; and in Case the said Upper and Lower House (for the Tryal of any Appeal, or other Occasion) shall see cause, it shall and may be Lawful for them to Resolve themselves into a Grand Committee, and Sit and Vote together, for the bet­ter Determining of the same.

An Act for the Preventing of any Intrusion into the Lands in the Narragansett Country.

WHEREAS sundry Persons, have settled themselves and F [...]milies, in the Narragansett Country, without any Legal Title to any Land therein, and without the Consent and Ap­probation of the General Assembly of this Colony.

For the preventing the Ill Consequences thereof and the like Intrusions for the Future.

BE it Enacted by the General Assembly, and by the Au­thority of the same, That all Possessions of any Lands in the Narragansett Country, obtained by Intrusion, without the consent and approbation of the General Assembly,All [...] of [...] the Narragan­sett, wit [...]out the Consent of the Assembly, to be void. be Deem'd and Adjudged Illegal and Void in Law, and shall not give unto such Possessors, any Right, Title, Interest, Pro­perty or Claim therein or thereunto, and the Assistants, and Justices of the Peace, of the Towns of Kingstown, Westerly, and East-Greenwich, shall return the Names of all such Per­sons, that have Intruded as aforesaid, (or that shall Intrude thereon hereafter) to the General Assembly from time to time, that they may in such Legal manner, as they shall think fit, order the Removal of such Intruders, and Preserve the Just Rights of this Colony thereunto.

LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, H [...]ld at Newport, the Fourth Day of May 1698.

[Page 26]

An Act for Preventing of Sheep and other Cattle, from be­ing Worried and Torn by Dogs.

WHEREAS great Damage has been done to many Per­sons, by Dogs Lugging, Worrying, and oftentimes Killing their Sheep and other small Cattl [...].

For the Preventing whereof,

BE IT ENACTED by the General Assembly, and by the Authority of the same, No Dog to worry Sheep, &c on the Penalty of the Owners paying th [...] Da­ma [...] for the first Offence. And for the second Off [...]nce, dou [...]le Da­mages. That in case any Person, shall have any Sheep or other Cattle, Worried, Torn or Killed by any Dog or Dogs, that the Owners of such Sheep or Cattle, shall Recover his or their Damages against the Owner of such Dog or Dogs, by Action of the Case with costs of Court; and that if afterwards, any further Damage be done by such Dog or Dogs to any Sheep or Cattle, in like manner that the Owner of such Dog or Dogs, shall Pay to the Party agrieved thereby,Vide Act 1729. double Damages, to be Recovered in like manner as aforesaid with Costs, and that such Dog or Dogs be Killed.

An Act for the Preventing Fires doing Damage in the Town of Newport.

FOR AS MUCH as the Buildings in the Town of Newport, are contiguous and adjoining to one another, in most parts of said Town, whereby Fire in breaking out may do unspeakable Da­mage, unless timely provided against.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That the Owner or Owners, of each and every Dwelling-House,Every House to provide one good Ladder, within s [...]x Mo [...]ths, On the Penal­ty of One Shil­ling per Month. in the Town of Newport, from the Pound at the North-East end of the Town, down to the Sea side▪ and so Southward and Northward, as far as the Buildings are contiguous or adjoyning one to another; shall provide and procure, (within Six Months from the Date here­of) for each Dwelling-House, one good Ladder of sufficient Length, to reach to the Ridge of his or their Dwelling-House; and the same continually keep in repair; that every Owner or Owners of any Dwelling-House who shall negl [...]ct to do the same, he, sh [...] or they so neglecting, shall for every Month af­ter said Six Months are Expired, Forfeit as a Fine to and for the Use of said Town, One Shilling per Month, to be recover­ed upon Complaint made, and Conviction thereof before any Assistant or Justice of the Peace of said Town, by Warrant of Distress; excepting out of this Act, all such Houses which [Page 27] have Walks or Turrets thereon, or other Conveniency, as shall be adjudged and deemed equivalent thereunto.

An Act for preventing Fraud in Fire-Wood, Exposed to Sale.

BE it Enacted by the General Assembly, and by the Authority of the same, Fire-Wood to be four Foot long, and the Cord [...]ht Foot long. That all Fire-wood Exposed to Sale in this Colony, shall be Four Foot Long, Measuring to one Half of the Carf, and shall be Sold by the Cord; and that the Cord shall be Eight [...]oot long, Four Foot high, well stowed and close­ly laid togeth [...].

AND that in every Town in this Colony, where Wood is Exposed to Sale by the Cord,Every Town [...] choose a C [...]de [...] of Wood. the Free-men of said Town shall (if they think fit) Annually choose and elect, one Wood-Corder or more, who shall take the same Engagement to his or their Office, as other Town Officers do;Town Act Four pence per Cord. and shall have Four pence per Cord, for every Cord by him Corded, from the Sel­ler of said Wood.

AND be it further Enacted by the Authority aforesaid, That whosoever shall Sell or Expose to Sale,All Wood Ex­posed to Sale that is not [...] foot long shall be for­f [...]it [...] any Wood that is not of the Length as aforesaid, shall upon due Conviction thereof, before any Assistant, or Justice of the Peace of such Town, where such Offence shall be committed, Forfeit all such Wood so Exposed to Sale; the one half to the Informer, and the other half to and for the Use of such Town; to be taken by a Warrynt of Distress, to be Granted by such Assis­tant or Iustice to whom Complaint shall be made.

An Act for preventing the misapplying of the Rates and Taxes, that shall be hereafter Assessed and Levied in this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That all Rates and Taxes,No Rate [...] to be mi [...]applied. that sh [...]ll be Assessed and Levied in this Colony for the future, shall be applied to no other Use or Uses whatsoever, than those for which the same shall be Assessed and Levied: Any Custom or Usage to the contrary hereof notwithstanding.

[Page 28]

LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport the Thirtieth Day of April, 1700.

An Act for putting in Force the Laws of England, in all Cases where no particular Law of this Colony hath pro­vided a Remedy.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That in all Actions, Matters, Caus­es and Things whatsoever, where no particular Law of this Colony is made to Decide and Determine the same; that then and in all such Cases the Laws of England shall be put in Force, to Issue, Determine and Decide the same. Any Usage, Custom or Law to the contrary hereof notwithstanding.

An Act for the Enabling the Governour of this Colony, to put in Execution the Statute of Trade and Navigation.

BE IT ENACTED by the General Assembly, and by the Authority of the same, All Vessels that Arrive in th [...] Govern­ment, to make their R [...]port to the Gover­nour, &c. That from and after the Publication of this Act, no Master of any Ship or Vessel, that shall come into any Bay, River or Port within the Precincts of this Colony, shall, or do presume to Land, Unlade and put on Shore, any Wares, Goods or Merchandizes, before he hath made Report thereof to the Governour, or in his Absence, to the Deputy Governour, and have Lawfully Entered the same in the Collector's Office; under the Penalty made and Enacted by the Parliament of England, in the Fourteenth Year of King Charles the Second, for preventing of Frauds, and regulating Abuses in the Plantations.

AND be it further Enacted by the Authority aforesaid, That if any Master or Commander of any Ship or Vessel,None to Land an [...] Passenger without leave. shall Land, or put on Shore, in this Colony, any Person, or Passengers, that shall not be a [...]mitted or received to Inhabit in this Colo­ny; that then and in such Cases, it shall and may be in the power of any Assistant or Justice of the Peace &c. of such Town, where [...] Passenger, &c. shall be Landed, to require and command [...] Master or Commander, to take on board his Ship or Vessel, such Passenger or Passengers, as have been by him Landed, and him, her, or them so taken on Board, to Transport and carry [...] of this Colony; and if any Master or [Page 29] Commander of any Ship or other Vessel, shall refuse or neglect so to do, that then it shall and may be Lawful for any Assistant or Justice of the Peace, &c. to grant forth a Warrant, for the Apprehending of such Master or Commander, and him commit to his Majesty's Goal in this Colony, until [...]hat he give in one Hundred Pound Bond, with Security to perfo [...]m the same.

An Act for preventing of Clandestine Transportation of any Person or Persons out of this Colony.

WHEREAS divers Masters of Ships, and other Vessels do from time to time transport and carry away out of this Colony, many Persons who are In [...]ebted to several Inhabit­ants of this Colony, without giving any Account of the Names of such Persons by them so carried; which is a manifest Injury to the Creditors of such Persons, and some of them are hereby undone.

For the Preventing whereof for the future:

BE [...] EN ACTED by the General Assembly, and by the Authority of the same, None to be Transported ou [...] of the Co­lony, [...] Certif ca [...]e, under the Pe­nalty of Fifty Pounds. That no Master or Commander of any Ship or Vessel whatsoever, shall transport or carry out of this Colony, any Family, or Person or Persons, that have not for the space of ten Days before their Departure, fix'd up his, her, or [...]hei [...] Name or Names in Writing, in some publick Place of the Town wherein they Reside, and of their Intent to depart the Colony; and that the same be Certified under the Hand of an Assistant, or Iustice of said Town, under the Pen­alty of Forfeiting, to and for the Use of the Colony, Fifty Pounds, in Money, to be Recovered by the General Treasurer, upon due Conviction thereof, in the General Court of Tryals.

AND be it Enacted by the Authority aforesaid, That the Assistant, or Iustice, &c. that shall give such Certificate as aforesaid, shall transmit a Copy thereof, to the Naval Officer in Newport, who shall keep a fair Register thereof, and of the Time of Departure, and of the Master's and Vessel's Name wherein transported; and shall be paid Twelve-pence for the same, by the Person or Persons desiring to be Transported.

[Page 30]

LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Warwick, the Twenty Ninth Day of October, 1701.

An Act for preventing of Clandestine Marriages ▪ And also for the Registring of Marriages, Births and Burials.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That all Persons in this Colo­ny, that are desirous to be joyn'd together in Marriage, shall make their Application to an Assistant or Iustice of the Peace in the Town where such Persons respectively Dwell,None to be Married with­out due Pub­lication. who shall give them a Writing under his Hand and Seal, Declaring their Intention of Marriage, the which shall be set up in some pub­lick Place of the Town wherein such Persons respectively Dwell, for the space of fourteen Days; and that if any Person shall have any Lawful Objection to make against any Persons so published,Publications may be under­writ. being Married; He or She shall, and may by leave of any Assistant, or Justice, &c. of such Town, underwrite such Publication, he or she first giving to such Assistant, suffi­cient Bond to Refund all Damages that shall accrue thereon.

AND be it further Enacted by the Authority aforesaid, That all Persons that shall go to be Married in another Town than that in which they were Published, shall Produce to the Of­ficer to whom they apply themselves to be Married, a Certifi­cate of their being duly Published as aforesaid: And that if a­ny persons shall come into any Town of this Colony to be Married from any other Government, they shall produce a Cer­tificate under the Hand of the Authority lawfully Impowered thereto, of such Government where they respectively Dwell, that they have duly Complied with such Laws and Orders as are in such Government in force for Publication.

AND be it further Enacted, That if any Assistant, Iustice of the Peace, or Warden in this Colony, shall presume to joyn together in Marriage any Persons that have not been Published as aforesaid,The Officer t [...]t shall Ma [...]ry any Persons not duly Pu [...]lish­ed, shall for the fi [...]st Of­fence forfeit Five Pound [...], and for the se­cond, Ten Pounds, and be Suspended. or any Person whose Publication hath been Law­fully under-written, and the Impediment not removed; such Officer so offending, shall for the first Offence Forfeit Five Pounds in Money, to the Use of the Colony; and for the se­cond Offence, Ten Pounds in Money, to and for the Use afore­said, to be recovered by the General Treasurer, in the General [Page 31] Court of Tryals, upon due Conviction thereof, and for the same shall be Suspended from his Office.

AND be it further Enacted by the Authority aforesaid, That whosoever shall presume to be Married without duly pro­ceeding as by this Act is required,And the Per­sons Married shall forfeit Five Pou [...]d [...], &c. and thereupon [...]hall Co­habit together; the Persons so offending, being duly Convicted thereof, shall for such Offence, Forfeit Five Pounds in Money, to and for the Use of the Colony; which shall be recovered by [...]he General Treasurer, upon Conviction thereof, in the General Cour [...] of Tryals, or shall suffer Three Months Impri­sonment.

AND [...]e it further Enacted by the Authority aforesaid, T [...]at the a [...]ovesaid Act shall be no ways construed, deemed or taken to extend to any Persons that shall be Lawfully Married according to the Laws, Customs,Vi [...]e Act 1733. Usage and Ceremony of the Church of England, as by Law Established▪ nor to those Peo­ple called Quakers, that shall duly be Married according to the Toleration allowed them.

AND be it further Enacted, That all Marriages shall be Recorded in the Town where they are Consummated; and the Assistant, Justice or Warden, shall return the Names of those they Marry, and when Married, unto the Town Clerk, within Three Months after the Consummation thereof; and shall Pay to the Town Clerk, Three pen [...] for the Registring thereof▪ and he shall be Paid Three Shillings for the same.

AND be it further Enacted by the Authority aforesaid, That all Births and Burials of all Children shall be Registred in the Town Clerk's Office,All Births and Burials [...] be R [...]corded within two Months [...], on the [...] of [...] per Mo [...]h, [...] [...]e­glect. in the same Town where they happen to be Born or Die, by the Parents of such Children as shall be Born or Die, as aforesaid, within Two Months time af [...]er the Birth or Burial thereof; for Registring of each▪ the Town Clerk shall be paid Four-pence, by the Parent of such Child or Children; and that whosoever shall Refuse or Neglect so to do, shall for every Month's Neglect after said Two Months is Expired, Forfeit Twelve-pence per Month; to be re­covered upon Conviction thereof, in any Court of Record, by the Town Treasurer of said Town; the one Moiety thereof for the Use of such Town Treasurer as shall Sue for the same.V [...]de Act 1727.

PROVIDED always That such Suit be brought with­in two Years after such Marriage, Birth or Burial.

[Page 32]

LAWS, Made and Pass'd by the Gener [...]l Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Sixth Day of May, 1702.

An Act for Establishing and Regulating the Assessing and collecting such Rates and Taxes, as shall at any time here­after be Assessed and Levied on the Colony, and all such Rates as shall be Assessed on the Several Towns in the same.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That from time to time, and at all Times hereafter, as often as the General Assembly of this Co­lony shall Order and Enact any Rates to be Assessed and Le­vied on the Inhabitants of this Colony,The Recorder to send a Copy o [...] the Acts re­quiring Ra [...]s to b [...] made to the General Tr [...]asu [...]r Who is to Or­der the Asses­sors to Assess the [...]ame. the Recorder of the Colony for the time being, shall forthwith send a Copy there­of under the Seal of the Colony, to the General Treasurer for the time being, who upon the Receipt thereof shall send an Exact List of each Towns part to the Town Clerk of each Respective Town, together with a Warrant to each and e­very of them, requiring them to Notify the Rate-makers or Assessors of each respective Town, to Assess and Apportion the same, on the Inhabitants of said Town, according to the time specified in said Act of Assembly: And the Assessors or Rate-makers of each Town, or the major part of them, shall ten Days before they Assess or Apportion the same, set up two Notifications under their Hands, Requiring the Inhabit­ants of their Town, to bring into them in Writing under their Hands,Persons to give [...]n an A [...]compt of their Rate­able Estate u [...] ­on Engage­ment. an Exact List of their Rateable Estate, by such time as is therein prefixed, who are hereby required to give their Engagements thereto; and the Assessors or Rate-makers are hereby fully Impowered to take the same, in the follow­ing Engagement.

YOU A. B. do on your solemn Engagement, hereby Declare, that the Account and List of your Rateable Estate, by you to us presented, is a true and just Account of the whole of your Rateable Estate, The Form of the Engage­ment. a [...] you know of, and is in your Care and Cus­tody, and this you Declare to be the Truth, and nothing but the Truth, upon the Peril of the Penalty of Perjury.

AND be it further Enacted, That whosoever shall Refuse or Neglect so to do, in case he be over-rated, shall have no Remedy for the same.

[Page 33] AND be it further Enacted by the Authority aforesaid, That the aforesaid Asses [...]ors or Rate-makers, shall forthwith upon their Assessing and Apportioning of any Rate or Tax,The Assess [...]r [...] [...]o s [...]nd the Rate Bill to the Town Clerk. And be a Copy to the [...]rea [...] [...]er, who i [...] to [...]ran [...] forth his Wa [...]ants for the Col [...]e [...]ing the [...]. to them committed to Asse [...]s, send and return a true Bill or List thereof to the Town Clerk of such Town, to which they respectively belong, under their Hands; and the Town Clerk sh [...]ll upon his receiving thereof, draw an Exact Copy thereof, and send the same to the General Treasurer under his Hand Indented, and upon Receipt thereof, the General Treasurer shall Issue forth his Warrants, to the several Consta­bles of the Respective Towns, commanding every of them in Her Majesty' [...] Name to collect and gather the several Sums, as to them i [...] [...]verally committed, in Money, by such time as by Law is Re [...]ed; and when gathered and collected, the same to bring, [...] pay [...] him, or to his Successors in said Office.

AND be it further Enacted, That if any Constable or Con­stables, sh [...]ll refuse or neglect to do the same as aforesaid; that then and in such C [...]ses,Upon negl [...]ct of [...]ollec [...]in [...], [...]w recovered the General Treasurer shall re­cover the Sum against such Constable or Constables, as shall be defective therein, by Action of D [...]bt, at the General Court of Tryals, to be brought at any time before the sitting of such Court, together with the incident charges accruing; and the Defendant or Defendants, shall have no Essoign, Protec­tion, or Wager of Law allowed him or them. Any Law, Custom or Usage, to the contrary hereof notwithstanding.

And the General Treasurer, shall be allowed him Six-pence per Pound, for Receiving and Paying out of the same: And Assessors or Rate-makers shall be Paid Three pence per Pound, [...] for [...] T [...]easurer [...] &c for Apportioning thereof, and the Town Clerk for copying the Rate Bill, according as for other Copies; and the Constables Fees for collecting, shall be Twelve-pence per Pound, all [...] said Fees to be paid out of each Respective Rate, as it sh [...]l be paid into the General Treasury.

AND be it further Enacted by the Authority aforesaid, That the Town Clerk of each Respective Town, shall within ten Days after the Election and Engagement of the Constables of the Town wherein he dwells,The Town Clerk to [...]e [...]tu [...]n the Con­ [...]tabl [...]s Names to [...] [...]e [...]ral [...]asurer. send a List of the Constables so chosen and engaged, unto the General Treasurer of the Co­lony for the time b [...]ing; and that if any Town Clerk shall neglect the same, he shall Forfeit Forty S [...]illings for every Of­fence, to and for the U [...]e of the Colony, to be Recovered by the General Treasurer for the time being, ugon Complaint made before any Court of Record in the Colony.

[Page 34] AND be it further Enacted by the Authority aforesaid, That all Town Rates, that shall be Levied on any Town in the Colony,Town [...] Rat [...]s to be [...] and Coll [...]ct [...]d, as the [...]lony Rates are. shall be Assessed and collected in the same man­ner and form as the Colony Taxes are, and the Town Treasu­rer shall have an Action of Debt against any Delinquent Con­stable, or Constables, as the General Treasurer hath; where­in no Essoign, Protection or Wager of Law shall be allowed the Defendant.

LAWS, Made and Pass'd by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence-Plantations, H [...]ld at Newport, the Fourth Day of Ianuary, 1704.

An Act for Levying of a Duty on Tunnage of Shipping.

WHEREAS the Colony hath been at a great Charge to Build and Erect a Fort on Fort-Island, for the Security of the Shipping and Navigation of the Colony.

For the better keeping the same in [...]epair.

BE IT ENACTED by the General Assembly, and by the Autho [...]ity of the same, That there shall be paid by the Master of every Ship or other Vessel,Twelve penc [...] per Ton D [...]ty on For [...]gn Shipping. of above ten Tons, caming into any Port or Ports in this Colony to Trade or Tr [...]ffick, which are not wholly Owned by the Inhabitants of this Colony, every Voyage such Ship or Vessel doth make, Twelve pence per Ton, or one Pound of good new Gun Powder, for every Tun such Ship or Vessel is in Burthen by Register; to be paid to the Naval Officer of the Town of Newport, to be employed to and for the Use of the Fort on Fort-Island.

PROVIDED always, and it is the true intent and meaning hereof, That this Act shall not extend to make any Master of any Ship or other Vessel, Pay Twelve pence per Ton or one Pound of Gun Powder, for any greater part of said Ship or Vessel, than what shall not be owned by any In­habitant of this Colony.

AND be it further Enacted by the Authority aforesaid, That no Master of any Ship or Vessel, shall Sail from out of the Harbour of Newport, without first producing to the Gunner [Page 35] of said Fort, a Certificate, from under the Hand of the Go­vernour, or Deputy Governour, that he hath complied with such Orders and Law [...], as he i [...] Required to; whereupon the Gunner of said Fort, shall suffer the Ma [...]ter of such Ship or Vessell to depart: A [...]d that if any Master of any Ship or Ves­sel, shall presume to Sail or Pass by the Fort, without proceed­ing as aforesaid, that then and in such Cases, the Gunner shall Use his utmost Endeavour to stop such Ship or Vessel, pursu­ant to such Instructions, as he shall receive from the Governour, for the doing of the same; who is fully Impowered to Grant such Orders as sh [...]ll be necessary [...]herefor: And that i [...] any Ship or Vessel shall be Damni [...]ed, Sunk or Destroyed thereby, the Master o [...] such S [...]ip or Vessel, shall make good all D [...]ma­ges that shall [...]e Sustained ther [...]by.

An Act Prohibiting Negroes and Indians from being abroad at unseas [...]n [...]ble time [...] of the Night, and for Punishing those that sh [...]ll Entertain them contrary hereto.

WHEREAS diver Thefts and Robberies have been Com­mitted in the Night time by Negroes and Indians, within this as well as in the Governments adjoyning.

For the Preventing whereof,

BE it Enacted by the General Assembly, and by the Authori­ty of the same, That if any Negroes or Indians, Freemen or Slave [...], shall be found Abroad after Nine a Clock at Night, at any time throughout the Year, without a Certificate from their Masters, or some o [...]her English Person of the Family to the which he, she, or they belong, or some Lawful Excuse for the same;No Negroes o [...] Indians to be Ab [...]oad aft r [...] Nigh [...], [...] of Whipping. that then it shall and may be Lawful for any Person or Persons to Take, Seize and Secure the same [...]ill next Morning, and then bring them before an Assistant, or Iustice of the Peace of such Town, who shall upon due Proof thereof, cause said Negroe or Negroes, Indian or Indians, to be publickly Whipt at the publick Whipping Post of such Town where such Off [...]nce shall be committed, not exceeding fifteen Stripes, unles [...] their in [...]orrigible Behaviour deserve more; and the Persons so convicted, if Freemen, shall pay the Charge of the Prosecution, &c. and if Slaves, the Owner or Owners thereof, shall pay the same; and if the Owner or Owners of any such Slave or Slaves shall refuse so to do, that then the As­sistant, or Justice, &c. shall Grant [...]orth a Warran [...] of Distress to a [...]onstable of said Town, to Distrain so much of his or their Good, as will satisfie and pay the same.

[Page 36] AND be it further Enacted by the Authority aforesaid, That no House-keeper shall Entertain any Slaves or Servants, either Indians or Negroes, No H [...]us-K ep [...] [...] o [...] Indians or N [...] ­groes, [...] Fi [...]e Shillings. after Nine a Clock at Night, as aforesaid, without the Owner of said Slave or Servant's leave▪ and whosoever shall be convicted of such Offence, before any Assistant, or Justice of the Peace, &c. shall for every such Of­fence, forfeit Five Shillings, in Money, to and for the Use of the Town where such Offence shall be committed; an [...] if the Person so offending, shall refuse to pay the same, it shall be Re­covered by the Town Treasurer of such Town, upon due proof thereof, before any Assistant or Justice of the Peace, in Manner as aforesaid.

LAWS, Ma [...] and Past by the General Assembly of her Majesty's Co­l [...]y of Rhode-Island, and Providence-Plantations, Held at [...]ovidence the Twenty Fifth Day of October, 1704.

A [...] Act preventing of Damage to be done, by Firing of the Woods in any Town in this Colony.

WHEREAS great Damage has been done to several of the Inhabitants of this Colony, to their Hay, Fencing, &c. by Firing of the Woods, at unse [...]sonable Times of the Year.

For th [...] [...] whereof:

BE it Enacted by the General Assembly, and by the Authority of the same, That no Person whatsoever, shall set any Fires, or cause any Fires to be set in the Woods, in any part of this Colony,None to fire W [...]u [...]ds, b [...]t b [...]tw [...]n the T [...]n [...]h of Ma [...]ch, [...] th [...] [...]. on any Time of the Year, save between the Tenth of March, and the Tenth of May Annually; nor on the First or Seventh Day of any Week, during said time, under any pre­tence whatsoever; and that whosoever shall be lawfully con­victed of doing the same, before any two Assistants, or Justices of the Peace, &c. of such Town where such Offence shall be committed, either by their own Confession, or by the Evidence of two Witnesses upon Engagement,Vide [...]. shall Forfeit Thirty Shil­lings in Money, to and for the Use of such Town; and if the Person or Persons so convicted, refuse to pay the same, that then such Assistants, or Justices, &c. shall Grant forth a Warrant of Distress, to any Constable of said Town, to Distrain so much [Page 37] of the Offender's [...]oods and Chattels, as shall S [...]tisfy and Pay the same, to the [...] aforesaid; and all Incident Charges there­on Accruing.

And that whosoever shall suffer any Damages by reason of such Off [...]nce as aforesaid,And th [...] Par [...]y [...] ther­by shall [...] hi [...] D [...] ­mage. shall have an Action of Trespass upon the Case, against such Offender or Offenders, and shall Recover his Damages and Costs accordingly, if under Forty Shillings, b [...]fore any two Assistants or Justices of such Town where such Offence shall be committed; and if above Forty Shillings, in the General C [...]urt of Tryals.

LAWS, M [...]de and Past by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Newport, the Second Day of May, 1705.

An Act for securing of Costs to the Inhabitants and Residents of and in this Colony, that shall be Arrested by any Person that are not Inhabitants and Freeholders in the same.

BE it Enacted by the General Assembly, and by the Authority of the same, That no Person or Persons whatsoever, that is not an Inhabitant and Freeholder in this Colony, shall have out of the Recorder's Office, any Writ of Arrest, or Summons,No Inhabi­tant of this Colony to be Arrest [...]d, but by a F [...]eehol­der of the [...] the Pla [...]nti [...] give Bond. against any Person or Persons Inhabiting or Residing in the same, without first giving in Bond into the Recorder's Office, of Twenty Pounds, with Security to Refund all Costs that shall Accrue thereon, upon non Prosecution of such Suit, or if such Action shall be Non-Suit, or cast upon Tryal: Any Law or Custom to the Contrary hereof notwithstanding.

An Act Establishing a Notary Publick, within this Colony.

BE it Enacted by the General Assem [...]ly, and by the Authority of the same, The Recorder [...]o be Notary Publick. Face for the same. That the General Recorder of the Colony for the Time being, shall be Notary Publick of this Colony; and he is hereby fully Imp [...]wered and Authorized, to Act, Transact, do and Finish, all and whatsoever Matters, Causes or Things, Relating to Drawing of Protests, or Protesting Bills, &c. as are [Page 38] by Law Required, and that he shall be Engaged thereto; for the which he shall take the following Fees, and no more.

 l.s.d.
TO Swearing to Protests,000300
To Drawing Ditto,000300
To Seal Ditto,000300
To Registring ditto in the Office,000300
To Copy Ditto,000300

A LAW, Made and Past by the General Assembly of her Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Pro­vidence, the Thirteenth Day of October, 1706.

An Act for Extending East-Greenwich Township West, to the Colony West Line.

WHEREAS the Township of East-Greenwich is very small, and there is a Tract of Land lying West of said Township, very Commodious to Enlarge the same.

BE it therefore Enacted by the General Assembly, and by the Authority of the same, That the North and South Bound of East-Greenwich Township,East-Green­which to extend West to the Colony's Line. being Run due West, from the South West and North West corners of said Township, to the Colony Line, and all the Land therein included, shall be, and is hereby Annexed, to be part of the Township of East-Green­wich, and the Inhabitants that are already settled thereon, [...] that shall hereafter settle thereon, shall have the same Liberties and Priviledges as the other Inhabitants of East-Greenwich, have and Enjoy.

[Page 39]

LAWS, Made and Pass'd by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Twenty Fir [...]t Day of February, 1706.

An Act for Regulating of Tanners, Curriers and Cordwainers.

FOR preventing of Deceits and Abuses by Tanners, Curriers, Shoemakers, and Workers up of Leather.

BE it Enacted by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence-Plantations, and by the Authority of the same, That no Person or Persons what­soever, U [...]ing, or which shall Use the Mystery or Faculty of Tanning, shall at any Time or Times hereafter,All Tann'd Leather to be Sealed before Sold. put to Sale any kind of Leather, which shall be Insufficiently Tanned, or which hath been over Limed or burnt in the Limes, or which shall not have been after the Tanning thereof, well and throughly D [...]yed, or that shall not be Sealed, as in and by this Act is here­after Directed, upon pain of Forfeiting the whole Side or Piece of Leather so offered to Sale; and no Person or Persons whatso­ever, Using, or that shall hereafter Use the Mystery or Faculty of T [...]nning, shall set his or any of their Fatts in Tann-hills, or o [...]her Places where the Wooze or Leather that is put to Tann in the same, shall or may take any unkind Heats, nor shall put any Leather into any Hot or Warm Wooze whatsoever; on pain of Forfeiting Twenty Pounds, for every such Offence.

AND be it further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, Using or Occupying, or that shall hereafter Use or Occupy the Mystery or Faculty of Currying, may, or shall Curry any kind of Leather,No Currier to Work un­seal'd [...]ath [...], or undil [...]d. except it be Sealed as is hereafter Provided▪ nor shall Curry any Hides, not being throughly dried after his wet Season, in which wet Season, he shall not Use an stale Urine, or any other deceitful, subtile Mixture of any Thing, Way or Means to Corrupt or Hurt the same; or shall Curry any Leather Wet for outer Sale Leather, without any other thing than Hard Tallow, nor with any less of that than the Leather will receive, nor shall Curry [...]ny kind of Leather, meet for upper Leather, and Inward Soles, [...]ut with good and sufficient Stuff, being Fresh, not Salt, and throughly Liquor'd, 'till it will receive no more;How Leather should be Cur­ [...]ed. nor shall burn or seald any Hide or Leather in the Currying, but shall work the same sufficiently in all respects and points, on Pain of Forfeiting for every such Offence or Act done, contrary to the [Page 40] true intent and meaning hereof, every such Hide marr'd or hurt by his evil Workmanship or Handling.

AND be it further Enacted by the Authority aforesaid, That no Person or Persons, Using, or shall hereafter Use or Occupy the Mystery or Faculty of a Shoemaker or Cordwainer,No Cord [...] up any Lea­ther not Tan­n [...]d, &c. a [...] [...] ­for [...]said, on th [...] P [...]alty of for­feiting the same. shall work up into Shoes or other Wares, any Leather that is not Tanned and Curried as aforesaid, or shall Use any Leather made of Horse-hides for inner Soles, of any Shoes or Boots, on Pain of Forfeiting of all such Boots, Shoes or Wares, wrought up of such Insufficient Leather.

And for the more Effectual Execution of said Act,

BE be it further Enacted by the Authority aforesaid, That all Leather that is or shall be Tanned or Curried, shall before the same pass out of the Tanners or Curriers Yards,All Leather before work'd to be Se [...]'d. Houses, or Places Respectively where it was wrought, be Viewed by Sworn Searchers or Sealers of Leather, by Law directed to be Annually chosen in such Towns where there shall be need, who shall have two several Marks or Seals, to be procured by each Town for that purpose, with one of which they shall Seal all such Leather, as they shall find sufficiently Tanned in all respects as aforesaid, and with the other all such Leather as they shall find well and sufficiently Curried, as is before mentioned, and no other.

AND the Searchers and Sealers, shall and are hereby Au­thoriz'd and Impower'd, ex Officio, to make Search, and View in all respective Places or Houses,All whole Sid [...]s out of the Curri [...] possession, un­seal'd to be se [...]'d. Shops, Ware-houses, or other Places within the Limits of their respective Precincts, where they conceive any Leather to be wrought into Shoes, Boots, or other Wares, or any Leather offered to be Sold, or offered to be Searched or Sealed, and shall not be Tanned as a­foresaid, and well Curried, according to the aforecited Act, and the true intent and meaning thereof, or shall find any Leather in whole Sides, out of the Possession of the Currier, not Sealed with the Mark or Seal to be Used for Leather well Tanned or Curried; in all such Cases, it shall and may be lawful for the Searchers and Sealers, to Seize all such Leather Insufficient or Unsealed, whether it be wrought up into Wares or not; and if the Owner or Challenger thereof, shall not submit to the Judg­ment of the Officer or Officers that seiz'd the same, such Officer or Officers shall retain such Leather in his or their Custody, 'till Tryal thereof be had, as is hereafter directed, and Judgment thereon.

[Page 41]IN such Cases the Officer or Officers, How to pro­ceed with Lea­ther Seized. shall within four Days after such Seizure, Inform some Iustice of the Peace in said Town thereof, who shall thereupon appoint four Persons, or more, honest Skilful Men in Leather, to View the same in the Owner or Claimers of such Leather's presence, or without him (if having Notice thereof he doth not appear) to Report to any Justice, the Defect they find in said Leather; which Report the said Justice shall return unto the next General Court of Tryals for the said Colony, for a Conviction in Law on the Fine Im­posed; but in Case the Viewers shall Report that they do not find such Leather or Wares so Seized in any respect defective, ac­cording to th [...] Intent of this Act, the Justice that appointed such Viewers, shall cause the same forthwith to be discharged from the Seizure, made by such Officer or Officers.

AND be it further Enacted by the Authority aforesaid, That no Person whatsoever,None to re­sist the Search­ [...]rs and Sealers on th [...] Penalty of Five Pounds. shall or may wi [...]hstand or resist the Searchers and Sealers in the Execution of their Office, nor in the Searching for any Insufficient Leather or Wares, upon the Forfeiture of Five Pounds for every such Offence.

AND the Fee for Searching and Sealing of Leather, shall be One-penny per Hide, for any parcel less than six Hides,Fees for S [...]alling and Searching. and for all other Parcels, if by the Dozen, no more than Eight Pence, which Fees the Tanner or Currier shall Pay on the Seal­ing thereof from Time to Time, and shall also pay Three Pence per Mile, for every Mile any Searcher or Sealer shall Travel above one Mile.

AND no Searcher or Sealer of Leather, shall refuse within conv [...]nient Time to do his Office,No Searcher or S [...]aler to re­ [...]use his Duty, on the Penalty of Forty Shil­lings. nor shall allow any Leather or Wares which are not sufficient, on the Penalty of forfeiting Forty Shillings, nor shall take any Bribe, nor ex [...]ct more than his Fees, on pain of Forfeiting the Sum of Ten Pounds, for every such Offence.

AND be it further Enacted by the Authority aforesaid, How the Fines shall be dis­posed of. That all such Fines, Forfeitures and Penalties, as shall arise or grow due by Virtue of this Act, or any Clause therein contain­ed, shall be disposed of it. Manner following, viz. two third parts thereof to be paid into the Town Treasury, to and for the Use of said Town, where the Offence shall be commited; and the other third to the Seizer or Seizers of such insufficient Leather, [Page 42] or to him or them as shall Inform and Sue for the same; to be recovered by Action, Bill, Plaint, or Information, in any Gene­ral Court of Tryals within the Colony, or before any two Ju­stices of the Peace, when the Matter doth not exceed Forty Shillings.

AND be it further Enacted by the Authority aforesaid, That wh [...]n and as often as any L [...]ather shall be Seiz'd in the H nds of either Tanner or Currier, and become forfeited by Vir [...]ue of this Act, through their default, and if belonging to any particular Person, the Tanner or Currier shall be liable to m [...]ke sati [...]f [...]ction to the Owner thereof for the same; to be re­covered in any General Court of Tryals, or before any two Ju­stices of the Peace, if the Value do not exceed Forty Shillings.

AND for the ascertaining of which Value, the Persons to be [...]ppointed as aforesaid, for viewing the Def [...]cts in Lea­ther, shall (when the same is seiz'd, for being marr'd and spoil'd by the Currier or Tanner through his ill Workman­ship or Handling,) be also appointed to Estimate and Judge the Value thereof, and make Report of the same, together with the D [...]f [...]cts.

AND be it further Enacted by the Authority aforesaid, That each Town in the Colony, shall at their Town Elections, Annually Choose two Sealers and Searchers of Leather,Each Town to Ch [...]se Search­ers of Leather who shall take their Engagement to the Performance of their Office, as other Town Officers do.

A LAW, Made and Pass'd by theGener [...]l Assembly of her Majesty'sColony of Rhode-Island, and Providence-Plantations, Held at New­port, the Third Day of May, 1710.

An Act for the Raising and Emitting Five Thousand Pounds in Bills of Credit.

WHEREAS this Colony has received Orders from Her Sa­cred Majesty Queen ANNE, for an Expedition to be Pro­secuted with speed against the French and Indian Enemies, which by Reason of the great Scarcity and Want of Silver Money, this [Page 43] Colony without some extraordinary Means be used for the Effect­ing the same, would be unable to perform; for Remedy whereof, and the speedy procuring and equipping out all Things neces­sary for the same,

BE it Enacted by the General Assembly, and by the Authori­ty of the same, That there be with all Expedition, printed to the Value of Five Thousand Pounds in Bills of Credit on this Colony, as followeth, viz. Five T [...]ou­sand Pound [...] in Bill [...] of Credit impress'd. One T [...]ousand [...]ounds in Five Pound Bills, One Thousand Pounds in Three Pound Bills, Five Hundred Pounds in Forty Shilling Bills, Five Hundred Pounds in Twenty Shilling Bills, Five Hundred Pounds in Five Shilling Bills, Five Hundred Pounds in Two Shillings and Six-penny Bills, and Fi [...]e Hundred Pounds in Two Shilling Bills; which Bills to be Printed as aforesaid, shall be in Value equal to cur­rent Silver Money of New-England, in all publick Payments, and shall have the Anchor and Hope affixed in the Scutcheon, with such other Impressions, as shall be thought needful by the Committee, in this Act hereafter Named, which shall be in the Manner following.

THIS Indented Bill of Due from the Colony of Rhode-Island and Providence-Plantations in New-England, to the Possessor thereof, shall be in equal Value to Mo­ney, and shall be accordingly accepted by the Treasurer, The Form of the Bills. and Re­ceivers subordinate to him in all publick Payments, and for any Stock at any Time in the Treasury. Newport, August the 16th, 1710, by Order of the General Assembly, for the Colony above­said.

AND be it further Enacted by the Authority aforesaid, That the aforesaid Bills of publick Credit shall be Signed by Lieutenant Colonel Iohn Wanton, Lieutenant Iohn Odlin, Ma­jor Nathaniel Sheffield, Major Ioseph Iencks, Mr. Iohn Coggeshall, and Mr. Iob Green, or by any three of them,The Com­mittee to Sign the Bills. who are hereby appointed and impowered to Sign the same, and deliver them unto the General Treasurer; wh [...]ch Bills are, and shall be re­ceived and paid for the same Value, and equal to the current Coin passed in this Colony, for Goods,The Bi [...]ls as cu [...]r [...]nt Coin, Special [...]ies on­ly exc [...]pted. or any other Thing bought or sold in all Payments to be made whatsoever; (Spe­cialties only excepted;) for and during the space and Time of five Years ensuing the Date hereof, if the General Assembly shall then see Cause to Call them in; and when called in▪ the Possessor of such Bills shall be Reimburs'd the Sum mentioned in such Bill or Bills, in Current Money of said Colony, by the General Treasurer hereof; and the same shall be Levi [...]d and Collected by said Act of Assembly, and duly Appor [...]ioned on the Inhabitants of each Town in the Colony.

[Page 44]

LAWS, Made and Past by the General Assembly of her Majesty's Co­lony of Rhode-Island, and Providence-Plantations, Held at Providence the Twenty Fifth Day of October, 1710.
An Act for preventing Counterfeiting of the Bills of Credit Emitted,Superseded A.D. 1743. or that shall be Emitted by any of the Governments of New-England, V de Act 1743. and to prevent Defaceing of the same, &c.

An Act for Impressing and Emitting One Thousand Pounds in publick Bills of Credit on this Colony.

One Thousand Pounds Im­printed In Bills of Credit.BE it Enacted by the General Assembly, and by the Authority of the same, That there be forthwith Imprinted and Raised, One Thousand Pounds of publick Bills of Credit on this Colony, in the same Manner and Form that the Five Thousand Pounds of Credit formerly Emitted by this Colony were, and they shall be signed by the same Committee, and pass in all Pay­ments whatsoever, as the other Bills aforesaid, already Emitted by this Colony do.

A LAW, Made and Past by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Newport, the Twenty Seventh Day of November, 1710.

An Act for the Raising and Emitting One Thousand Pounds in publick Bills of Credit.

FORASMUCH as the Bills of Credit already Emitted by this Colony, are not sufficient to satisfy the Debts created by this Colony, in the late Expedition undertaken against Annapolis-Royal, in pursuance to her Majesty's Command, whereby many Persons are very great Sufferers, and several like to be Ruined thereby, and there not being sufficient Silver in the Colony to an­swer the same.

[Page 45]BE it therefore Enacted by the General Assembly,One Thousand Pounds of Bills of Credit Im­printed. and by the Authority of the same, That there be forthwith Imprinted and Raised, One Thousand Pounds in publick Bills of Credit on this Colony, and that they be signed by the former Committee, and pass in all publick Payments, as the former Bills of Credit do and have done.

A LAW, Made and Past by the General Assembly of her Majesty's Co­lony of Rhode-Island, and Providence-Plantations, Held at Newport the Twenty Eigthh Day of Iune, 1711.

An Act for the Raising of Six Thousand Pounds, in Bills of Credit.

BE it Enacted by the General Assembly, and by the Authority of the same, Six Thousand Pounds Emit­t [...]d in Bills of Credit, by this Colony. That there be forthwith Imprinted and Raised, the Sum of Six Thousand Pounds of publick Bills of Credit on this Colony, by the former Committee that Signed and Fin [...]shed the former Bills, who are hereby fully Impowered to Make, Sign, and Finish the same, in the same Form as the former Bills were; which Bills when Signed and Finished, the said Committee shall deliver into the General Treasury, to and for the Use of this Colony; and they shall pass in all publick Payments as the Bills of Credit already Emitted by this Colony do.

A LAW, Made and Pass'd by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Warwick, the Fourteenth Day of November, 1711.

An Act for Imprinting and Raising Three Hundred Pounds in publick Bills of Credit on this Colony.

BE it Enacted by the General Assembly, and by the Authority of the same, Three Hundred Pounds of Bills of Credit E­mitted. That there be forthwith Imprinted and Raised, the Sum of Three Hundred Pounds of Bills of Credit on this Colony, in the same Manner and Form as the former Bills of Credit were; the which Bills shall be Signed by the fo [...]mer Committe, and shall pass in Payments as the current Coin in this Colony doth, (Specialties only Excepted.)

[Page 46]

An Act for Quieting Possessions, and avoiding Suits at Law.

WHEREAS at the first settling of this Colony, and for sundry Years afterwards, Lands were of little or no Value, and skilful Men in the Law were much wanted, whereby many Deeds, Grants and Conveyances were weakly made, which may Occasion great Contests in Law, if not timely prevented.

BE it therefore Enacted by the General Assembly, and by the Authority of the same, That all Grants, Charters, Pro­fits, Ancient Grants con­firmed. Rights and Priviledges, heretofore Granted and Given by the General Assembly of this Colony, unto any Town, Corpo­ration, Community and Propriety, and to any other Person or Persons, shall be, and they hereby are Ratified and Confirmed to be Good and Effectual to all Intents and Purposes in the Law, for the Granting and Conveying all such Lands, Tene­ments, Charters, Corporations, Priviledges as is therein men­tioned, to the Persons therein mentioned, and their Heirs and Assigns for ever.

AND be it further Enacted by the Authority aforesaid, That where any Person or Persons, or others, from whom he or they derive their Titles, either by themselves, Tenants, Leases, Twenty Years Possession to make a Title. Hath, Have or shall by the space of Twenty Years, be in the Uninterupted, Quiet, Peaceable and Actual Seisin and Possession of any Land or Hereditaments within this Colony, for and during the said time, Claiming the same as his, her or their proper, sole and rightful Estate in Fee Simple, such Actual Seisin and Possession, shall be allowed to give and make a Good and Rightful Title to such Person or Persons, their Heirs and Assigns for ever; and this Act being Pleaded in Bar to any Action that shall hereafter be brought for such Lands, Tenements or Hereditaments, and being duly proved, shall be allowed to be Good, Valid and Effectual in the Law, for Barring the same.

PROVIDED, That nothing in this Act shall be Con­strued, Deemed or taken, to Extend to prejudice the Rights and Claims, of Persons under Age, Non Comp [...]s Mentis, Feme Coverts, Feme Coverts. &c ex [...]mpted. or those Imprisoned or beyond Seas, they bringing their Suit therefor, within the space of Ten Years, next after such Impediment is Removed.Vide Act 1728.

[Page 47]

An Act for granting Administrations to the Wives of Persons Three Yea [...]s [...], and unheard of.

WHEREAS many Merchants and Mariners, going to [...] Voy [...]g [...]s, are of [...]n absent many Years, and unheard of, and leavi [...]g no Power of Attorney for Receiving of the D [...]bts, R [...]nts and Profits of their Estates, their Wives and Fami [...]ies may suffer.

For the preventing whereof for the Future,

BE it Enacted by the General Assembly and by the Author­ity of the same, That whosoever hath departed, or shall depart o [...]t of this Government on a Voyage to Sea or other­ways, and hath left an Estate in this Government,If a P [...]rs [...]n [...] ab­s [...]nt and [...] of, Ad­mini [...]ion to [...]e granted to the Wif [...]. and be un­heard of for the space of Three Years, next immediately suc­ceeding such Departure, and leave no Power of Attorney with his Wi [...]e, to Receive his Deb [...]s, Rents and Profits of such Estate, which he hath within this Gove [...]ment; that then and in such Cases, the Town Council of such Town, where such departed Person last dwelt, upon due Application to them made, by the Wife of such departed Person, are hereby fully Impowered and Authorized, to Grant Administration to the Wife of such departed Person, Enabling and Impowering her to Sue for, Recover the Debts, Rents and Profits of the Estate of such her departed Husband, for the comfortable Subsistance of herself and Children, if any she have, until such time as her departed Husband shall return home, or send sufficient Power of Attorney for the same; or until he shall be Adjudged and Deemed Dead in Law, and then such her Administration shall cease and determine.

[Page 48]

A LAW, Made and Pass'd by the General Assembly of her Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at New­port, the Sixth Day of May, 1713.

An Act for preventing fraudulent purchases of Land of Ninigret, the Indian Sachem in the Naraganset Country.

WHEREAS Ninigret the Indian Sachem, in the Narra­gansett Country, on the Twenty eighth Day of March, 1709. did by an Instrument under his Hand and Seal, Cove­nant and Agree with the Governour and Company of this Colony, that they should have the oversight and care of his Lands, &c. and that he would not Sell, or Hire out any of his Lands, without their consent or approbation, under the Penalty of Forfeiting such Lands by him Sold and Hired; and not­withstanding which several evil minded Persons for the Lucre of Gain, have Craftily and Designedly Cheated the said Sachem of some of his Lands, and of the Profits of his other Lands; so that he has not Sufficient to maintain himself and People upon.

BE IT THEREFORE Enacted by the General As­sembly and by the Authority of the same, That all Deeds of Sale, Deeds of Mortgage, and Leases of any of said Nini­gret's Lands, All Grants, Leases, &c. made by Nini­gret, since March, 17 [...]9. to be void. which have been by him made and granted, since the said Twenty Eighth of March, One Thousand Se­ven Hundred and Nine, to this present Sessions of Assembly, be and they are hereby declared to be Null and Void, and of no Force, Validity and Effect in the Law, to any such Use or Purpose whatsoever.

AND for the Preventing of Clandestine Proceedings for the the Future.

BE it further Enacted by the Authority aforesaid, That no Person whatsoever, shall Buy, Purcha [...]e or Hire any Lands of the said Ninig [...]et, Sachem, either by Deed of S [...]le or Mort­gage, or Lease, unless They first Have and Obtain, the Assent of the Governour and Company of this Colony, for the time b [...]ing, under the Penalty of Forfei [...]ing Twenty Shillings per Acre, [Page 49] for every Acre that shall be so Bought, Purchased or Hired, to and for the Use of the Colony;No Person to [...] Hire of Ninigret, on [...] of Twe [...]ty [...]hil­lings per Acre. to be Recovered by the General Treasurer, in the General Court of Tryals; where no Essoign, Protection, or Wager of Law shall be allowed; and all such Feoffment, Sales Mortgages and Leases, are hereby declared to be Void, Null and of none Effect in the Law.

AND be it further Enacted by the Authority aforesaid, That no Recorder or Town Clerk in this Colony,He that Re­cords any such Gra [...]t or [...] [...]or [...]ei [...] Fifty Pounds. shall Re­gister or make Record of any such Deed of Sale, Mortgage or Lease, under [...]he Penalty of Fifty Pounds, to be Forfeited to and for the Use of the Colony, to be Recovered as aforesaid, for every such Deed of Sale, Mortgage or Lease, that shall be by him Recorded.

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-P [...]antations, Held at Providence, the Twenty Seventh Day of October, 1714.

An Act to prevent Slaves from Running away from their Masters, &c.

WHEREAS several Negro and Molatto Slaves, have Ran away from their Masters and Mistresses, under pre­tence of being employed in their Service, and have been trans­ported over the Ferries out of this Colony, and suffered to pass through the several Towns, under the aforesaid Pretence, to the great Damage and Charge of their Owners, and many times to the loss of their Slaves.

BE it therefore Enacted by the General Assembly, and by the Authority of the same, No Person to Transport any Slave over a F [...]r [...]y or out of the Colony, without a Cer [...]i [...] cat [...], On the penalty o [...] Twenty Shil­li [...]gs, [...] That no Ferry-man or Boat-man whatsoever, within this Colony, shall Carry, Convey or Tran­sport any Slave or Slaves as aforesaid, over any Ferry, or out of the Colony, without a Certificate under the Hand of their respective Master or Mistress, or some Person in Commission for the Peace, on the Penalty of Twenty Shil­lings, to be Forfeited to and for the Use of the Colony, to be Recovered upon conviction thereof, before any two Assis­tants [Page 50] or Justices of the Peace, of such Town where such Offence shall be committed, and shall pay all Costs and Char­ges that shall arise, on his or their carrying or Transporting any Slave or Slaves as aforesaid, to the Owner thereof, to be Recovered by the Person agrieved thereby, if not exceeding Forty Shillings, before any two Justices of the Peace, &c. and if above Fort [...] Shillings, at the General Court of Tryals, by Action of Trespass upon the Case. And all His Majes­ty's Ministers of Justice, and all other his Subjects in this Colony, knowing of any Slave or Slaves Travelling through the Township wherein they Dwell, without a Certificate as aforesaid,All Ministers of Justice to [...]ak [...] up all Slaves. are hereby Required to cause such Slave or Slaves to be taken up, Examined and Secured, so as the Owners of such Slave or Slaves may be No [...]ified thereof, and have their Slave or Slaves again, paying the reasonable charges arising thereon.

A LAW, Made and Pass'd by the General Assembly of his Majesty's Colony of Rhode-Island, and Providence-Plantations, Held, at Kings-Town, the Twenty Third Day of February, 1714.

An Act for the Registring Deeds and Conveyances.

FOR the Prevention of Clandestine and Uncertain Sales of Houses and Lands, and to the Intent that it may be the better known what Right, Title, or Interest Persons have in, or to such Estates as they offer to Sale.

BE IT ENACTED and Declared by the present As­sembly, and by the Authority of the same, That henceforth all Deeds and Conveyances of any Houses or Lands within this Colony, Sign'd and Seal'd by the Party or Parties grant­ing the same,Conve [...]ance [...] to be [...] and [...], Acknowledged and Recorded. having good and lawful Right or Authority thereto, and acknowledged by such Grantor or Grantors, be­fore any Assistant or Justice of the Peace in the Colony, and Recorded at length in the Registry of the Town where such Houses and Lands do lye, within the space six Months, from the Date of such Conveyance; every such Conveyance shall be Valid, without any other Act or Ceremony whatsoever.

[Page 51]AND that from and after three Months next after Pub­lication of this Act, no Bargain Sale, Mortgage, or other Conveyance of Houses or Lands, made and Executed with­in this Colony, shall be good and effectual to hold such Hou­ses and Lands against any other person or persons, but the Grantor or Grantors, or their Heirs only, unless the Deed or Deeds thereof be Acknowledged and Recorded in manner as is express'd.

PROVIDED nevertheless, That when and so often as it shall happen any Grantor to Live in parts beyond the Seas, or to be Removed out of this Colony.If the Grantor die, &c. be­fore A [...]know­l [...]d [...]m n [...] [...] [...]e proved by the Witnesses. or to be Dead before any such C [...]nveyance by him or them made, be acknowledg­ed as afores [...]id; in every such Case, the proof of such Deed or Conveyance made by the Oaths of the Witnesses thereto Subscribed, before any Court of Record within this Colony, shall be equiv [...]lent to the Party's Acknowledgment thereof.

AND be it further Enacted by the Authority aforesaid, That if any Grantor or Vendor of any Houses or Lands, shall refuse to acknowledge as is aforesaid, any Grant, Bargain,If the Grantor r fuse to ac­knowl [...]dge the same, to be Committed to Goal. Sale or Mortgage by him, her or them Signed and Sealed, and being thereto Required by the Grantee or Vendee, his, her, or their Heirs or Assigns, it shall and may be Lawful for any Assistant, or Justice of the Peace, within the Town where such Grantor or Vendor lives, upon Complaint made, to send for the Party so refusing, and if he, she, or they per­sist in such refusal, to commit him, her, or them to Prison, wi [...]hout B [...]il or Mainprize▪ until he, she, or they shall ac­knowledge the same; unless he, she, or they shall Appeal to the nex General Court of Tryals, in that Case, it being first m [...]e appear, and proved to be the Act and Deed of the Party refusing to acknowledge the same, by the Oath of one or more Witnesses thereto Subscribed: And such Grantee or Vendee filing a Copy of his Deed or Mortgage so proved in the Town Clerk's Office, in the Town wherein the Land doth lie, shall thereby secure his Title in the mean time; and the same shall be accounted sufficient Caution to every other Person and persons, against purchasing the Estate in such Deed men [...]ioned to be Granted.

PROVIDED, That nothing in this Act shall be con­strued, deemed or extended to bar the Widow of any Vendor or Mortgager of Lands or Tenements,No Wi [...]ow to be har [...]'d of her Dower by this Act. from her Dower or Right in, or to such Lands or Tenements, who did not legally joyn with her Husband in such Sale or Mortgage, or other­wise lawfully bar, or exclude herself from such her Dow [...] and Right.

[Page 52] AND be it further Enacted by the Authority aforesaid, That any Morgagee of Lands or Tenements, his or her Heirs, Executors or Administrators, having received full satisfaction of all, and every such Sum and Sums of Money, as are Really due to him,Mortgagees to [...] their Mortga­ges b [...] R [...]ord when paid. by such Mortgage, shall at the Request of the Mortgagor, his Heirs, Executors or Administrators, acknow­ledge and cause satisfaction and payment to be Entered in the Margin of the Record of such Mortgage, in the Town Clerk's Office, where the Land lies, and shall Sign the same, which sh [...]ll forever hereafter discharge, defeat and release such Mortgage, and perpetually bar all Actions to be brought thereupon, in any Court of Record.

AND if any such Mortgagee or Mortgagees, his, her, or their Heirs, Executors or Administrators, shall not within ten Days next after Request in that behalf made; and ten­der of his,And if they refuse t [...] pay th [...] sam [...], to pay all Dama­ges [...]. her, or their reasonable Charges, repair to the Town Clerk's Office, and their make and sign such Acknow­ledgment as aforesaid, or otherwise Sign and Seal a Discharge, and Release and Quit Claim to the Estate therein menti­oned to be granted, and acknowledge the same, before any one Assistant or Justice of the Peace of this Colony; he, she, or they so refusing to do, shall be liable to make good all Damages that shall accrue, for want of such a Discharge or Release, to be Recovered by any Action or Suit in any Court of Record: And in case Judgment pass against the Par­ty so Sued, he, she, or they so Cast, shall pay unto the ad­verse Party, treble Costs arising upon such Suit.

LAWS, Made and Pass'd by the General Assembly of Her Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Fourth Day of May, 1715.

An Act for the convenient Laying out of High-ways and Roads in the several Towns within this Colony, where wanted.

BE it Enacted by the General Assembly and by the Author­ity of the same, That the Proprietors of all, and every [Page 53] Town in this Colony, shall with all convenient speed, take c [...]re to Lay out convenient High-ways, T [...]wn [...] out Hig [...]wa [...]s [...] a Jury and Roads from Town to Town, and to Market and Mill, &c. within three Month [...] af [...]er the Publication hereof; and in case the said Proprietors shall refuse or neglect so to do, it shall and may be lawful for the Town Council of each respective Town (where such Defect shall be) to order and appoint a Iury of Twelve, or more, lawful and Judicious Men who have no particular Interest in l [...]ying out the same in such Towns where such De­fect is, as shall be found most beneficial,The Jury t [...] be Engaged for the Interest of His Majesty, and the Benefit of the Subject, the which Iury shall be [...] duly Engaged to the true and faithful perform­ance thereof.

AND be it further Enacted by the Authority aforesaid, That in case it shall be found most convenient to lay out a­ny Ro [...]d or Highway through any particular Person's Land or Property, or part thereof,And [...] with the Pro­prietors for the Land. (who is not under any Obligati­on to allow the same;) that then the said Iury shall agree with the Owner or Proprietor thereof, what reasonable allow­ance shall be made for the same.

BUT if the Owner or Proprietor of such Land shall re­fuse to agree with such Jury; then the said Iury is order­ed and Impowered to Estimate and Value the Price of such Land as shall be laid out as aforesaid, as near as they can,If they r [...]fuse to agree, then to value the Land, which shall b [...] paid by the Town. to the best of their knowledge; which Estimation so made, shall be allowed good against such Owner or Proprietor, who re­fuses to agree as aforesaid, and shall be accordingly paid to such Owner or Proprietor by such Town, out of their Town Treasury;Vide Act 172 [...] and 1741. and also all other incident Charges accruing on the performance of the same. Any Law, Custom or Usage to the contrary hereof notwithstanding.

[Page 54]

LAWS, Made and Pass'd by the General Assembly of his Majesty's Colony of Rhode-Island, and Providence-Plantations, Held, at Newport, by Adjournment, Iuly the Fifth, 1715.

An Act for Emitting T [...]i [...]ty Thousand Pounds in publick Bills of Credit.

WHEREAS it ha [...]h pleased GOD to suffer the French and Indians, our la [...]e Enemies, to maintain a long, bloody and expensive War against His Majesty's Subjects in these parts of the Northern Amer ca; in which calamity of War, this Co­lony hath been no small sha [...]er, a great part thereof lying ex­posed to the Insults and Depredations of the Enemy both by Sea and Land, which to defend, This His Majesty's Colony hath from time to time, for these many Years past been put to great Charge and Expenc [...], which together with the ex­traordinary additional Charge th [...]t accrued by Her late Ma­jesty's Commands, to assist in sundry expeditions, for the Re­ducing of Port-Royal and Canada, the defraying the Charge whereof proved so great a Burthen, that it hath Reduced the Money of this Colony, and other Mediums of Exchange unto a very low Ebb, that thereby Trade is sensibly Decayed, the Farmers thereby Discouraged, Husbandmen and others Re­duced to great Want, and all sorts of Business Languishing, few having wherewith to pay their Arrears, and many not wherewithal to sustain their daily wants, by reason the Silver and Gold in the first place, necessary to defray the Incident and Occasional Charges hath been exhausted; those few Bills of publick Credit put forth by this Government falling short of discharing this Colony's Arrears, hath left us little or no Medium of exchange; and whereas the annual, necessary and unavoidable Charge of the Colony makes a confiderable account, and that His Majesty's Fort, called Fort-Anne is gone much to Decay, and almost every thing therein out of Repair, and that all sorts of Ammunition and Stores are wanting, to furnish the same for Defence; especially at a time when War seems to threaten us; And also His Majesty's Goal in the Metropolis of this Government, is calling for speedy and con­siderable Repairs and Enlargement, and many other publick Emergenci s, which cannot be omitted, Requiring considera­ble Sums of Money, which to effect there is no possibility in [Page 55] saving that of EmittingPublickBills of Credit of this his Majesty's Colony, to accomplish the Ends aforesaid, and to Reduce the Ar­rears thereof unto a Ballance, always depending on our Dread Sovereign's Countenance and Toleration therein, unto whose Royal Commands this Colony, as in Duty Bound will at all Times rea­dily submit.

All which being duly considered,

BE it the [...] fore Enacted by the General Assembly of this hisMa­jesty's C [...] ony of Rhode-sland,Thirty Thou­san [...] Pounds Emit [...]d. and by the Authority of the same, and i is hereby Enacted, That the Sum of Thirty Thousand Pound [...] in Bills of publick Credit, of the same Ten [...]r with those alre [...]dy put forth by this His Majesty's Colony, be forth­with made, and put into the Hands of six Trustees, hereaf [...]er nam [...]d and appointed in this present Act, with full power to Act therein; which Trustees, or any three of them,T [...]uste [...]s ap­point [...]d for the same. are hereby Impowered to Sign said Bills, and them to deliver unto the Persons chosen for Committees of the several and respective Towns in this Colony; the said Trustees taking Receipts from the said Committees, for such Sums as shall be by them received, as the Proportion of such Town; which said Bills, being by such Committee receiv'd, the same is to be Let out to the Inhabitants of their respective Towns in this Colony,To be hired [...]ut at five per Cent ▪ up [...] [...]and S [...]cu ity for [...] Yea [...] in good and sufficient Land, or other real Security within the said Towns, at Five Pounds per Cent per Annum, in Sums not exceeding Five Hun­dr [...]d Pounds, nor under Fifty Pounds to any one Person, and that for the space of Ten Years. Always provided, That all such Persons that shall take said Bills upon such Security, shall at the Expiration of Five Years from the Date of their Deed of Mor [...]gage, or other Assurance, renew the same, or give any fur­ther, and other better Security for the con [...]inuation of any such Sum by them borrowed for the remaining Five Years, if by the Trustees, then for the Time being,Bo [...]d to be [...] for In­terest. such Person shall be there­unto Required; and that Persons so borrowing the said Bills, shall before receiving of the same, give five Bonds payable to the General Treasurer of this Colony for the Time being,Vide Act, 1727. to the Us [...] of this Colony, for the orderly and duly payment of the first Five Years Interest; And if any such Person, at the Expiration [...]f the Five Years, shall see cause to pay down the Principal, and Discharge the Interest in like publick Bills of Credit, or cur­ [...]ent Money of said Colony: upon his or their so doing, such Mortgage or Security shall be released and delivered up, and the Lands, or other real Estate so Mortgaged or Engaged, dis­charged therefrom. And the said Trustees and Committees for the several Towns, are hereby required, carefully to inspect into [Page 56] the true Value of such Estates as shall be offered to Mortgag [...], and that they be of double the Value of the Sums Lent thereup­on, and whether the Title of the Person desiring to Mortgage his Lands, &c. appears to be good by the Town Records, where such Land or real Estate lies, and that no Encumbrance be thereupon, which appearing good and satisfactory, such Mort­gages to be taken by the Committee of the several Towns as aforesaid, and forthwith at the Charge of the Mortgager, be put upon the Records of such Town where such Estate lies;Mortgages to be R [...]cord [...]d. and the said Deeds of Mortgage afterwards with all convenient speed, together with the Bonds for payment of the Interest, be Lodged in the Custody of the Trustees for the Time being, for the Use of this Colony,To be made to the Tru [...]ees &c. for the Colony's Us [...]. they giving Receipts for the same, to the Committee of the several respective Towns, upon delivery of the same; the said Trustees to be always accountable unto the General Assembly of this His Majesty's Colony for the Time be­ing, for all such Mortgages and Bonds, together with the Pro­fits thereof, the which they shall surrender up to the General Assembly of this Colony, when by them they shall be thereunto Required; and that all Mortgages made, or to be made as a Se­curity for the Bills so borrowed to be to the first Trustees, and such others as shall from Time to Time be appoin [...]ed by the General Assembly of this Colony.

AND be it further Enacted by the General Assembly, and by the Authority of the same, That Lieutenant Collonel Iohn Wanton, The first Trus­teesappointed. Captain Iob Almy, Major Nathaniel Coddington, Captain Benjamin Ellery, Major Iames Brown, and Mr. Robert Gardner, be, and they hereby are appointed and chosen to be the Six first Trustees, and them, or any three of them, shall Sign all such Bills as shall be made as aforesaid; and the afore­said Six Trustees are hereby appointed to be the Committee for the Town of Newport, to Let out, and take Security for their proportion of said Publick Bills of Credit afore-described in this Act.Commi [...]e [...]s ap [...] ted to L [...]t ou [...] e [...]ch Town'sQuo [...]a. And the Honourable Ioseph Ien [...]s, Esq Deputy Gover­nour, and Captain Richard Waterman, be a Committee for the Town of Providence, to Let out their proportion of said Bills, and that Mr. Thomas Cornell, and Mr. George Cornell, be a Commit [...]ee for the Town of Portsmouth, to Execute said Trust; and Major Ra [...]dal Hoalden, and Major Iob Green, be a Committee for the said Trust for the Town of Warwick; Captain Iohn Babcock, and Captain Ioseph Stanton, be a Com­mittee to Execute sai [...] Trust, for the Town of Westerly; Cap­tain Simon Ray, and Captain Iohn Sands, be a Committee to Execute said Trust, for the Town of New-Shoreham; Captain Iohn Eldred, and Mr. Stephen Haszard, be a Committee to Execute s [...]id T [...]ust for the Town of Kingstown; Major Thomas [Page 57] Fry, and Mr. Thomas Spencer, be a Committee to Execute said Trust for the Town of East-Greenwich; and that Mr. Iohn Hull, and Captain Nicholas Carr, be a Committee to Execute said Trust for the Town of Iames-Town. All the aforesaid Committees shall be under Oath for their due and faithful per­formance of the Trust reposed in them, in the Premises afore­said, and shall be allowed and paid for their Service therein, Ten Shillings on every Hundred Pounds by them Let out, to be di­vided amongst them as followeth, (viz.) two thirds of the whole Amount unto the first Six Trustees afore-named, together with a proportionable part of the third part allotted to be divid­ed with the o her Committees, for their care and trouble in Re­ceiving and Signing, and Letting the Town of Newport's pro­portionable part of said Bills; and delivering the rem [...]inder to the Committees of the several Towns in proportion to such Mo­ney, as shall be by them Let out.

AND be it further Enacted by the Authority aforesaid, That the publick Bills of Credit to be Emitted by this Colony, shall be made and finished according to the several Sums and Values hereafter mentioned, viz. Of Five Pound Bills, The Quanti [...]y and D [...]nomi­ [...]ation of the several Sorts of Bills. Ten Thousand, Four Hundred and Five Pounds; of Three Pound Bills, six Thousand, two hundred and forty three Pounds; of Forty Shilling Bills, four thousand, one hundred and sixty two Pounds; of Twenty Shilling Bills, two thousand and eighty one Pounds; of Ten Shilling Bills, two thousand, five hundred and six Pounds; of Five Shilling Bills, one thousand, two hundred and fifty three Pounds; of Four Shilling and Six-penny Bills, one thousand, three hundred and fifty Pounds; of Three Shil­ling Bills, nine hundred Pounds; of Two Shilling and Six-penny Bills, seven hundred and fifty Pounds; and of One Shilling Bills, three hundred Pounds; being in the whole, Thirty Thousand Pounds; which Bills shall not be Pasted, Cover'd or Lin'd on the Back-side, on any pretence whatsoever. And the said Trustees are as soon as possible to Sign the aforesaid Quantity of Bills, and to make them of divers Forms and Distinctions, as much as possible to prevent Counterfeiting; and the Charges of the same to be reimburs'd out of the General Treasury of this Colony.

AND be it further Enacted by the Authority aforesaid, That if the Inhabitants of any Town of this Colony, do not within three Months, after their Committee has receiv'd their proportion of the aforesaid Bills, take it up and improve it ac­cording to the Intent and Purport of this Act, that they may [Page 58] Let it out to any Persons in the Colony, upon good Security as aforesaid, or return it to the Grand Committee, whose Receipts shall be their Discharge.

AND be it further Enacted by the Authority aforesaid, That On [...] [...]housand Pound out of the Interest of Thirty Thou­sand Pounds to be Let out,One Thou­sand Pound s [...] be An [...] s [...]nk with the Inter [...]t of [...] New. be Annually improved for the Sink­ing of One Thousand Pounds of our old Bills of Credit formerly Emitted by the Colony, until the whole be consumed; and the aforesaid Grand Committee are hereby Impowered to Exchange the Sum of One Thousand Pounds Annually of our own Bills of Credit, in order to be burnt, until they be wholly sunk as aforesaid, and the remaining part of the Interest of the afore­said Thirty Thousand Pounds, shall be annually Disposed of for the Interest of the Government, as the Assembly shall from time to time order and direct.

AND be it further Enacted by the Authority aforesaid, That the General Treasurer of this Colony for the time being, shall have the same benefit and liberty to Arrest each respective Obligor, TheGeneral Treasure [...]'s Po [...]er of Ar­resting [...] Obligor [...] as the General Treasurer hath against each respective Constable, upon default of paying the General Tax or Rate to him Committed.

An Act, Prohibiting the Importation, or bringing into this Colony, any Indian Slaves.

WHEREAS Divers Conspiracies, Insurrections, Ropes, Thefts, and execrable Crimes have been lately perpetrated in this, and the Neighbouring Governments by Indian Slaves, and the Daily increase of them in this Government, discourages the Importing of white Servants from Great-Britain, &c. into the same, which if not immediately Remedied, may prove very Pernicious and Destructive to the Colony.

BE it therefore Enacted by this Assembly, and by the Authority of the same, All Indian [...] Tran­sportation. That from and after three Months next en­suing the Publication of this Act, all Indians, Male or Female ▪ of what Age soever, Imported into this Colony by Sea or Land, from any part or place whatsoever, to be disposed of. Sold or l [...]ft within this Colony, shall be Forfeited to this Colony, to and for the Use and Support of the same; unless the Person or Persons Importing or bringing in such Indian or Indians, [Page 59] shall give Security at the Secretary's Office of Fifty Pounds per Head, to Transport and carry out the same again, within the space of one Month next after their coming in, not to be re­turn'd back to this Colony.

AND every Master of any Ship or other Vessel, Merchant or Person wha [...]soever Importing or bringing into this Colony, by Sea or Land, any Indian or Indians, M [...]le or Female, [...] with­in the space of Twenty four Hours, next after their Arrival or coming in, sh [...]ll Report or Enter their Names, Number and Sex, and give Security in the Secretary's Office as afore­said, on pain of Forfeiting to the Colony, the Sum of Fifty Pounds per Head, to and for the Use of the Colony; to be Sued for, and Recovered by the General Treasurer of this Colony for the Time being, in any of His M [...]jesty's Courts of Record, by Action, Bill, Plaint, Suit or Information. And the Fee to be paid for such Entry ▪ and Bond as aforesaid,S [...]cr [...]tar [...]' [...] [...]. shall be Two Shillings and Six-pence and no more. Any Act or Acts, Clause or Clause of Acts to the Contrary hereof not­withstanding.

A LAW, Made and Pass'd by the General Assembly of His Majesty' [...] Colony of Rhode-Island, and Providence-Plantations, Held at Warwick, the Twenty Sixth Day of October, 1715.

An Act for raising and Emitting Ten Thousand Pounds in publick Bills of Credit on this Colony.

BE it Enacted by the General Assembly, and by the Authority of the same, Ten Tho [...]nd Pound [...] [...]. That there be forthwith Imprinted and Signed, the Sum of Ten Thousand Pounds in Bills of Credit in this C [...]lony, by the former Committee who Signed the Thirty Thousand Pounds Emitted by this Colony, and by them to be delivered to the Committees of the several Towns in proportion as aforesaid, to be hired out upon good Security, as the Thirty Thousand Pounds aforesaid is, the said Bills to pass in all publick Payments as the other Bills are and do pass.

[Page 60] AND be it further Enacted by the Authority aforesaid, That every Person or Persons whatsoever within thisColony, that have hired any Bills of Credit of this Colony, and by their Obliga­tions are Obliged to pay in the same specie again, shall be dis­charged from their said Obligations, they paying the same in currant Money of New-England.

A LAW, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the Second Day of May, 1716.

An Act, Regulating the Maintainance of Ministers within this Colony.

WHEREAS in the Fifteenth Year of the Reign of His Gracious Majesty, Charles the Second, there was a Charter granted to this His Majesty's Colony, which contained many gra­cious Priviledges for the Incouragement and Comfort of the Inhabitants thereof; amongst others that of free Liberty of Conscience in Religious Concernment, being one of the most Prin­cipal, it being a Moral Priviledge due to every Christian, as by His said Majesty is observed, that true Piety rightly grounded upon Gospel principles, will give the best and greatest security to Sovereignty, and will lay in the Hearts of Men, the strongest Obligation to true Loyalty. And this present Assembly being sensible by long Experience, that the aforesaid Priviledge, by the good Providence of GOD, having been continued to us, has been an outward means of continuing a good and amicable Agreement amongst the Inhabitants of this Colony; and for the better continuance and support thereof, as well as for the timely preventing of any and every Church, Congregation and Society [...], now Inhabiting, or which shall hereafter Inhabit within any part of the Iurisdiction of the same, from endea­vouring for Preheminence or Superiority one over the other, by making Use of the Civil Power, for the enforcing of a Main­tainance for their Respective Ministers.

[Page 61]BE it Enacted by this present Assembly, and by the Authority of the same, That what Maintainance or Sallery, may be thought needful or necessary by any of the Churches, Congre­gations or Societys of People now Inhabiting, or that hereaf [...]er shall and may Inhabit within the same, for the Support of their respective Minister or Ministers, shall be raised by fr [...]e Contri­bution, and no other Ways.

A LAW, Made and Pass'd by the Gener [...]l Assembly of his Majesty's Colony of Rhode-Island, and Providence-Plantations, Held▪ at Providence, the Thirty first Day of October, 1716.

An Act for the better settling the Payment of Officer's Fees, at the General Court of Tryals.

BE it Enacted by the General Assembly, He th [...]t Ob­tains Judg­m [...], to pay C [...]sts. and by the Authority of the same, That all Persons whatsoever, whether Plain­tiff or Defendant, that shall at the General Court of Tryals, Recover [...]r Obtain Judgment of said General Court of Tryals, he, she, or they so Recovering or Obtaining Judgment, shall Pay to the Recorder all Officer's Fees due in said Case, before he, she, or they shall have their Bill of Costs Taxed; any Act or Acts, Clause or Clauses of Acts to the Contrary hereof, in any ways notwithstanding.

LAWS, Made and Pass'd by the Gen [...]ral Assembly of His Majesty's Colony of Rhode-Island, and Providence-P [...]antations, Held at Newport by Adjournment, Iune the Eighteenth, 1717.

An Act for the Explanation of, and in Addition to an Act pass'd by the General Assembly of this Colony, begun and [Page 62] held at Newport by Adjournment, the Twenty Seventh Day of February, 1711, 12. Entituled, An Act for Granting of Administration to the Wives of Persons three Years absent, and not heard of.

WHEREAS the [...]fores [...]id Act of Assembly, hath by Expe­rience been [...] Beneficial and Useful to the Wives of such S [...]ofaring Persons and others, as have departed out of this Colony, and not [...]eard of in three Years after Departure, without lea [...]ing a good and sufficient Power of Attorne [...], with any Person or Persons, for the due R [...]oc [...]ering and Management of t [...]eir Estates, both Real and Personal in their absence; but the said Act not being so full and extensi [...]e as hath since been [...]und necessary in such like C [...]s [...]s, for the fur [...]er Enlargement and Explanation thereof, and in addition thereunto,

IT it further Enacted by the General Assembly of this Colony, and by the Authority of the same, If a [...] granted. That in Case any Per­son being an Inhabitant of this Colony, h [...]h, or shall depart out of the same, being En [...]i [...]led unto, or le [...]ving any Estate, ei [...]her Real or Personal, wi [...]hin the Limi [...]s thereof, unto such Person▪ belonging or appertaining, and [...] not, or sh [...]ll not at his D [...]parture leave a good and sufficient Power or Letter of Attorney, wi [...]h some Person or Persons for the due Care, Re­cov [...]ring, M [...]n [...]gement, and orderly Disposal of the same; or in C [...]se such A [...]torney or Attorneys by him l [...]f [...] shall Die, whereby the said Power shall be determined; and after hi [...] Departure, hath not, or shall not be heard of and from, with­in the space of Three Years then next immediately succeeding such his Departure; that then, and in such Case, it sh [...]ll and may be lawful, upon the due Application of the Wife or Chil­dr [...], or [...] Relation or Friends of such Persons so D [...]parted, unto the Town-Council of such Town in the said Colony where such Person [...] were last an Inhabitant, or did Dwell, for the said Town Council, who are hereby Impowered, upon due and satisf [...]ctory proof thereof to them made, to Grant, Authorize and Impower the Wife of such Person, if any he hath; or in C [...]se he hath non [...], then such Person or Persons as they shall think meet [...]nd proper, for and in the name, and to the Use, B [...]nefit and B [...]hoof of such D [...]parted Person to enter into, Demand, Sue for, Recover, Poss [...]ss and Improve all such Lands and Hou [...]s, or o [...]her Real Estate whatsoever, as at the D [...]parture of such Person unto him of right did any w [...]ys belong or ap­pert [...]in; and [...]lso [...]ll such personal Estate whatsoever, consisting either in Leases, Rents, Good [...], Chatt [...]l [...], [...], or o [...]h [...]rwise, as at the Time of such Departure shall be left by him, to A [...]k, [Page 63] Sue for, Recover, Receive and Discharge, as fully and effectual­ly in Law, as if such Departed Person had himself left a good and sufficient Power of Attorney to such Ends and Purposes.

PROVIDED always, And it is the true Intent and Meaning of this Act, That each respective Town Council sh [...]ll upon th [...]ir G [...]nting such Power and Authori [...]y as [...]foresaid, take good and suff [...]cient Securi [...]y by Bond, [...] to be given joyn [...]ly and sever [...]lly by two Fre [...]holders of this Colony, together with the Person o Persons unto whom they shall Gran [...] such Power as aforesaid nto the Town Council, [...]nd to their Successors, for his and thei [...] rue and faithful acting and d [...]ing the [...]in, acco [...]d­ing to [...] [...]wer thereby given, for the B [...]nefit and U [...]e of such Departed P [...]son; and to render un [...]o [...]im a just and true Ac­count at his Return to this Col [...]ny, or to any Person or Per­son [...] by [...] Impowered, to d [...]mand the s [...]e, wh [...]n lawfully th [...]r [...]unto R [...]ui [...]ed; and in C [...]se such D [...]p [...]r [...]d Person shall after such hi [...] D [...]parture be by Reason of his long absence, or other due p [...]oof, deemed and adjudged Dead in L [...]w before his Return to thi [...] Colony, then to render unto the Heirs, Execu­tors, Admin [...]tr [...]o [...]s or Assi [...]n, of such D [...]parted Person, such Estate, bo [...]h Real [...] Personal, as by L [...]w sh [...]ll become their, or either of their just Dues and Rights resp [...]ctiv [...]ly to h [...]ve and enjoy.

AND be it further Enacted by the Authority aforesaid, Th [...]t in Case such D [...]rted Person shall le [...]ve any Child or C [...]ildr [...], o [...] other Relation [...], [...] [...] whose Edu [...]ion [...]nd M [...]intainance by L [...]w shall be Incumbent or Oblig [...]tory upon him; that then, and in such C [...]se, the P [...]son [...] Impowered by [...]he Town Coun­cil as: foresaid, sh [...]ll [...]nd may with the Con [...]ent and Approba­tion of such Town Council, Lay out, and Expend out of the [...] of such Person Departed as afore [...]id, for the M [...]i [...]in­ance and Education of such Child or Children, or other R [...]la­tion, the Charge of whose Maintainance or Educ [...]n was [...] or Obligatory upon such Dep [...]rted Person, such Sum or S [...]ms of M [...]n [...]y as shall be by such Town Council thought [...] and convenient, which shall be all [...]wed him in any Ac­comp [...] af erward to be Adjusted.

[...] En [...]bling and App [...]inting Overseers to Lease out the [...] of Ni [...]igret th [...] Sac [...]m in the Narrag [...]n [...]e [...] Country.

WHEREAS Ninigret, S [...]hem, in the Narraganse [...] C [...]un­try, in the Colony of Rhode-Island, &c. H [...]th P [...]titioned [Page 64] [...] Assembly, to appoint three Overseers to Oversee and Rent out his Lands, to prevent his being Defrauded therein, and has also desired this Assembly, to dispossess all those that shall re­fu [...]e to Hire of his Overseers who shall be appointed by the Go­vernour and Company of said Colony, for the Time being; and also in Case he shall have need to Sell any of his Lands, that he ma by the said Governor and Company, for the Time being, be assisted therein.

For the complying with which Petition, and for the better securing the said Sachem's Lands and Profits.

[...]BE it Enacted by the General Assembly, and by the Authority of the same, That Collonel William Wanton, Major Thomas Fry, and Captain Ioseph Stanton be, and they hereby are [...]ppointed Overseers, to Oversee and Lease out the said Sachem's Lands, as shall to them seem most conducive for the said Sachem's Interest. And They, or any two of them are h [...]reby Impowered to Dispossess all and every Person that now is, or hereafter shall be in Possession of said Sachem's Lands, and shall refuse to agree, comply and hire said Lands, at such Rents and Services as by them, or the major part of them shall be found most beneficial for the said Sachem's Interest▪ They not Granting any Lease for any longer Term than seven Years, the said Sachem to pay the Charge thereof, and the said Over­seers to render an Accompt of, and surrender up their Trust to the General Assembly, when thereunto Required.

LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Begun and held at Newport, the Seventh D [...]y of May, 1718, and continued by Adjournments to the Ninth Day of September following.

[Page 65]

An Act for the Repealing several Laws relating to the Militia within this Colony, and for further Regulation of the same.

WHEREAS the Laws for Settling and Regulating of the Military Forces within this Colony, are increased to so great Number by Reason of the many Wars, which from Time to Tim [...] this Colony hath been engaged in against French, Indians and other Enemies, which hath rendred many of them Useless, and may be for the Future prejudicial, if not Repealed.

BE it therefore Enacted by the General Assembly of this Colo­ny, [...] by the Authority of the same; and it is hereby Enacted, That all Acts heretofore made, relating to the Mili­tia, or appointing Officers of the same, be and hereby are Ab­solutely Repealed and Declared Null and Void, and that for the future, the following Order, Regulation and Rules relating to the same, be kept and observed by all Persons in this Colony.

First, It is Enacted and appointed, That all Male Persons Residing for the space of three Months within this Colony, from the Age of Sixteen, to the Age of Fifty Years, shall bear Arms in their Respective Train-bands or Companies whereto by L [...]w they [...]hall belong,All Persons to Train, from Sixteen to [...]0. Excepting only all Persons that have served in the Place of General Officers, Iustices of the Peace, or o her Commission Officers, T [...]es [...] only [...]. one Minister or Teacher of each respective Congregation in each respective Town, all Sworn Practitioners in Chirurgery and Physick, all Apothecaries and School-masters, and also one Miller to each Grist Mill, one Ferry-man to each stated Ferry, one Goaler to each of His Maj [...]sty's Goals in the Colony, and all those that have lost one of their Eyes, or are disabled by Lameness, and all Persons that are under Oath or Engagement to any Office.

AND it is hereby Declared and Enacted, That the Go­vernour of this Colony for the Time being, shall be the Cap­tain General and Commander in Chief, Captain Gene­ral, and L [...]eu­tenant General appointed. of and over all the Mi­litary Forces within this Colony, and the Deputy Governour for the Time being, shall be Lieutenant General of the same.

AND be it further Enacted by the Authority aforesaid, That for the better Ordering and Training up the Inhabitants of this Colony, the several Companies of Train-bands,The [...] divided into Compan [...]. shall re­main in the Stations, Bounds and Divisions, by the which they have [...]een heretofore Divided, Known and Distinguished, until some further or new Divisions or Bounds be Stated, Appointed or Limited by Lawful Authority.

[Page 66] This is to say, Three Companies in the Town of Newport, three Companies in the Town of Providence, one Company in the Town of Portsmouth, one Company in the Town of War­wick, two Companies in the Town of Westerly, one Company in the Town of N [...]w-s [...]oreham, two Companies in the Town of Kingstown, one Com [...]a [...]y in the Town of East-Greenwich, and one Company in the Town of Iames-Town.

AND be it further Enacted by the Authority aforesaid, That the Militia of this Government be, and i [...] is hereby divid­ [...]d into two Regiments. That is to say, The Militia of Rhode-Island, N [...]w-s [...]oreham, [...] alias Block-Island, Conanicut, Prudence and Patience-Island be one Regiment, and shall be the first and Eld [...]st Regimen [...]; and the Militia on the Main-Land in this Colony, shall be one other Regiment, and shall be the second and youngest Regiment; each of which Regimen [...]s shall be Go­vern'd, Guided and Led by one Collonel, one Lieutenant Collo­nel, and [...] Major, which sh ll be annually Chosen for each Regiment by the General Assembly of this Colony, during their Si [...]ing on the Fi [...]st Wednesday of May [...]n [...]ually; and that each Company or Trained B [...]nd in ea [...]h of the afor [...]said Regi­ments, [...] shall be Guided, Conducted and Led by one Captain, one Lieutenant, and one Ensign; who sh [...]ll annually be Elected and Chosen by the General Assembly of this Colony, during their Ses [...]ions on the First Wednesday of May annually; all which Military Officers so chosen as aforesaid, shall be Commis­sionated by the Governour of the Colony for the Time being, under the S [...]al of the Colony: And if any Collonel, Lieute­nant Collon [...]l,The [...]. Major, or other Commission Officer chosen as aforesaid, shall refuse to Serve in such Office, to the which he shall be chosen, or sh [...]ll happen to Die, that then and in such Cases, it sh [...]ll and may be lawful for the Governour, or in his absence, for the D [...]puty Governour, by and wi [...]h the Consent of the General Council, at any Time when the General Assem­bly shall not be Si [...]ting, to choose and appoint so many other Officers to Serve in the Room and Stead of those that shall re­fuse or Die as aforesaid, until the first Wednesday of May next ensuing such choice and appointment; the which Officers so chosen, shall be Commissionated as abov [...]said; and before any Military Officer shall enter upon the Execution of his Office, he shall take the following Oath or Engagement.

The Form of the Engagement of Military Officers.

YOU A. B. B [...]ing by the General Assembly of his Ma­jesty's Colony of Rhode-Island, [...] and Providence-Plantations, [Page] Chosen and Elected unto the Place and Office of of Do solemnly Swear true Allegiance unto His Majesty King George, His Heirs and Successors to bear, and al­so good Fidelity to this His Majesty's Colony, and the Authority therein Established, according to our Charter, And you do also further Engag [...], well and truly to Execute the Office of to the which you are Elected according to your Commis­sion, and to perform and observe all the Laws made and provided for the support, and well ordering of the Militia, without par­tialit [...]; and hat you will obserue and follow such Orders and Instructions as you shall from Time to Time receive from your Superiours. So Help you God.

AND be it further Enacted by the Authority aforesaid, Th [...] it shall and may be in the Power of a Captain, The Captain, &c of [...]ach C [...]mpa [...]y [...] appoint [...] Offic [...]. Lieute­nant and Ensign, of each respective Company, to nominate and appoint a Clerk, and all other Inferiour Officers as shall be requisite for the Management of their respective Company; the which Clerk so chosen, shall be under Oath or Engagement for the performance of his said Office, and the Captain of each Company is hereby impowered and Required, to Admini­ster the same; the which Oath shall be in the Form fol­lowing.

YOU A. B. Do solemnly Swear well and truly to perform and [...]xecute the Office of Clerk of the Company, or Train'd-Band,The Cl [...]r [...]'s Engagement.under the Command of C. D. to the utmost of your skill and ability, without partiality, according to the Laws of this Colony, which relate to your Office. So help you God.

AND be it further Enacted by the Authority aforesaid, That every Listed Soldier of the said Militia, shall be always provided wi h one good Musket, or Fuzee,T [...]e Acc [...]utre­ment of the Militia. Who­so [...]ver neglects the same, shall pay Three Shil­li [...]gs, to be ta [...]n by Di­straint. the Barrel whereof not to be less than three foot and an half in length, to the satis­f ction of the Commission Officers of the Company; also one pound of good Gunpowder, thirty Bullets, fit for his Gun, six good Flints, fit for Service; one good Sword, or Bayonet, a Cartouch Box, ready filled with Cartriges of Gunpoweder and Bullets, on the penalty of Three Shillings, for each Time he shall be found not provided as aforesaid; the which shall be Distrained by the Clerk of the Company, by W [...]rrant from the Captain of said Company,Vide Act, 1740. and Six-pence more for such Distrain, upon the Goods and Chattels of such defective Per­son, to and for the Use of such Company.

[Page] AND be it f [...]rther Enacted by the Authority aforesaid, That the Captain of each respective Company or Train'd-band, or in his absence the next Superiour Officer,The [...] &c. to [...] Company. shall lawfully Warn and Call together the Company under his Command, and Exercise them in Martial Discipline, two Days in each Year in Time of Peace, and four, in War; which Days shall be at his own appointment,The Number of Days Vide Act▪ 17 [...]0 the first of which Warnings shall be by a Warrant directed to the Corporals, to Notifie them to appear compleatly Accoutred as aforesaid, and other Days according to his own Discretion.

Three Shillings [...] of app ar­ing. How taken. The [...] to be Ret [...]n'd How the [...] shall be dispo­sed of. Vid [...] Act, 1740. AND be it further Enacted by the Authority aforesaid, That every Enlisted Person, that shall Refuse or Neglect to make his Personal appearance Accoutred as aforesaid, on such Training Days as he shall be Legally Warned to, shall for every such Default pay to the Clerk of the Company, Three Shillings in Money, within one Months time after such default, or make his lawful Excuse to the Captain, or in his absence to the next Superiour Officer for the same, if any he have, and if such defaulter refuse so to do, that then the Captain, or in his absence the next Superiour Officer shall Grant forth his War­rant to the Clerk of the Band, to take and distrain so much of the Personal Estate of such delinquent Person, or such as shall have them in Tuition, as near as conveniently will pay his Fine or Fines, together with Six-pence more for each Fine di­strained for the Clerk's Fees; and such Estate that shall be ta­ken by distress, shall be duly Appraised by Two Freeholders of said Company, under Engagement, at the Head of said Com­pany, and the Captain is hereby Impowered to Administer the same, and the Overplus if any there be, to be returned to the Owner thereof, and if he shall refuse to receive the same, then the Clerk shall give him Credit for the same, which shall be accounted for out of the next Fine that shall become due; and all such Fines as shall be taken as aforesaid, shall be laid out to and for the Use of such Company, by order of the Commission Officers thereof, for the defraying their Incident Charges.

AND be it further Enacted by the Authority aforesaid, That in case such Persons as shall be delinquent as aforesaid,How to pro­c [...]ed with Per­sons that have no visible E [...]ate. shall have no personal Estate to be found to satisfy such Fines as aforesaid, that then the Captain of such Company, shall set such delinquent Person to work, in mending the Highways of such Town, not exceeding one Day for each Fine; and if such defective Person shall refuse to do the same, then the Cap­tain, &c. shall commit such Offenders to Prison, twenty-four Hours, or wait further to take his Estate by Distraint.

[Page] AND be it further Enacted by the Authority aforesaid, That if any Clerk or other Inferiour Officer of the Band,The penal [...]y [...] the [...] refu [...]ing to o­bey [...] Supe­riour. shall refuse to obey his Superiour Officer's Warrant when to him di­rected, he shall forfeit for every such Offence, Ten Shillings, to and for the Use of such Company, to be taken by Distress in Manner as aforesaid.

AND be it further Enacted by the Authority aforesaid, That all such Persons before in this Act excus'd from Training, All Persons to be provided [...] Arms, &c On the [...] Shillings [...]. yet shall no [...]withstanding be provided with the same Arms, Ammunition, &c. [...]s by this Act is required of such as are obliged to Train, and that once every Year, or oftner, as the Chief Officers of any Company shall see needful, there shall be either by such Officers, or others by them appointed, a Sur [...]y and Examination made, whether such Persons are provided as by this Act is required; and all such Persons as shall be found unprovided with such Arms as before Required, shall pay the Fine of Five Shillings for each default, to be Levied by Distress and Sale of the Defaulter's Goods, as in other cases.

AND be it further Enacted by the Authority aforesaid, That upon [...]ny Al [...]rm in Time of War, All Persons from [...] to Sixt [...], to ap­pear up [...] Alarm. or other imminent danger of any Assault or Invasion, all Male Persons, both Listed Soldiers and o [...]hers in [...]his Colony, of and between the Age of Sixteen Years and Sixty, shall upon notice of the same,Vid [...] Act, 17 [...] forth­wi [...]h Repair to the Colours and Ensigns of such Company, wi hin whose Pre [...]incts they Inhabit or Dwell, provided with Arms and Ammunition required of Trained Soldiers upon T [...]aining Days: And in case any Person shall not appear as aforesaid, [...]ch Defaulter shall pay the Fine of Five Shillings, On the Penal­ty of Five Shillings. to be L [...]vied by O [...]der of the chief Officers of such Company, by Distress and S [...]le of such Defaulters Goods as in other c [...]ses.

AND be it further Enacted by the Authority aforesaid, That it shall and may be in the Power of the Governour and D [...]puty Governour of this Colony for the Time being, or either of them, to Ass [...]mble and call together each of the Regiments of the Mili [...] in this Colony, or any Part of them, or either of them, at [...]ny Time, as they shall think needful or necessary for the same; and if any enlisted Soldier being duly warned to appear at any such Time as shall be appointed, shall neglect the same, he shall Fo [...]feit and pay as a Fine, Five Shillings in Mo­ney, to be taken [...]nd disposed of for the Use of the Company, where such Defect shall be, as other Fines are.

[Page] AND be it further Enacted by the Authority aforesaid, That if the Captain, or in his absence the next Superiour Offi­cer of any Company or Train'd-band,Every Captain &c. to [...] Company to­gether twice [...]n the [...], on the [...] Forty Shillings. shall neglect legally to Warn and Call together his Company under his Command, two Days in every Year in time of Peace, and four in time of War, he shall for every Day by him omitted or neglected, Forfeit and Pay as a Fine to and for the Use of said Company, Forty Shillings in Money: And if such Officer so neglecting, shall refuse to Pay the same, for the space of one Month next after such his Default, then and in such cases the Collonel, or in his absence the Lieutenant Collonel, of the Regiment where such Omission or Neglect shall happen to be, shall Grant forth his Warrant to the Clerk of the Band where such Omission or Neglect has been, to distrain so much of the Estate of such de­faulter to be disposed of as aforesaid.

AND be it further Enacted by the Authority aforesaid, That in case any Captain, If the Captain of the Com­pany negle [...] to grant forth hi [...] Warrant for the Coll [...]ing of the [...]ines, he sha [...]l p [...]y the [...]. or in his absence, the next Supe­riour Officer of any Company or Trained-band, shall neglect to bring forth his Warrant to the Clerk of the Band, to collect and gather such Fine or Fines as shall be due, he shall Forfeit and Pay to and for the Use of such Company, all such Fines as shall be to them due, the which shall be taken by Distraint, by Warrant as abovesaid.

AND be it further Enacted by the Authority aforesaid, That if any Enlisted Soldier, On Training D [...]ys the Cap­tain to [...] Fine, [...] o­therway [...] such as offend. shall upon any Training or Muster Days, refuse to obey his Respective Officers, or otherways mis­behave himself, that then it shall be in the Power of the Cap­tain and other Commission Officers of each Company, to Punish such Offender, by laying him Neck and Heels, or Riding the Wooden Horse, or Fine him at Discretion, not exceeding Five Shillings.

AND be it further Enacted by the Authority aforesaid, That the Collonel of each of the aforesaid Regiments, A General Muster to be bu [...] once in Five Y [...]ars. shall by and with the Advice or Order of the Captain General, or Lieu­tenant General, call together the respective Regiment under his Command, to a general Muster, to Review and Exercise the same once in Five Years, and not oftner; and the Commissi­on, and other Inferiour Officers and Private Centinels of each respective Company, are hereby Commanded and Required, to yield all due Obedience to their respective Field Officers upon a General Muster, or upon any other Training or Muster Day, as private Centinels are Required to do to their otherCommission Officers, upon the Penalty of incurring the like Pains and For­feitures as aforesaid.

[Page 71] AND whereas it appears needful for His Majesty's Ser­vice, and the Defence of this Colony, that there should be a Body of Horse Raised, for the more speedy pursuing or opposing of any Enemy.

BE it therefore Enacted by the Authority aforesaid, That all proper Me [...]n [...] be used,Th [...] Troops of Horse to be Rai [...]d, [...]o con­si [...]t of [...]xty Men each. and Encouragement given by the Go­vernour, Deputy Governour, and General Officers of this Colony, for the Raising of three Troops of Horse, each Troop not to consist of more than Sixty Persons, including Officers, one of which Troops is to be R [...]ised out of the Regiment upon the Islands, and the other two Troops to be Raised ou [...] of the Regi­ment upon the Main-Land: And that wh [...]n there shall be to the Number of Twenty Eight Persons Enlisted in any of said Troops, that then upon due application to the General Assem­bly, there shall be by them Nominated and Appointed such Of­ficers for the Commanding, Ordering and Disciplining of such Troop, as to said Assembly shall appear proper and needful for the Ends aforesaid; which Officers shall be Engaged and Com­missionated as the Officers of the Foot Companies are: And that every Trooper shall be always provided with one good ser­viceable Horse, of fourteen Hands high, one good Saddle,Trooper's Ac­coutrem [...]n [...] Bitt-Bridle, Holsters, Breast-plate and Crouper, one Carbine, one pair of good Pistols, one Sword, one pound of Gunpow­der, thirty sizeable Bullets, twelve good Flints, one good pair of Boots and Spurs, upon the Penalty of Two Shillings for ev [...]ry Default in every of the aforesaid Accoutrements; and that the Field Officers of each Regiment, shall appoint the Cloathing of every of the Troops of the same.

AND be it fu [...]ther Enacted by the Auth [...]rity aforesaid, That the Captain ▪ o [...] in his absence the nex [...] [...] Officer,How many Day [...] to Muster [...] a Year. Upon Non-ap­pearance to be fined Five Shilling [...] Vide Act, 1727. shall War [...] th [...] [...] under his Command [...]o Muster two seve­ral Days in every [...]ear in Time of Peace, and four, in Time of War, at his own appointment, as the Foot Companies are; every Trooper upon Default of Non-appearance of such Muster, when legally Warned thereunto, shall pay as a Fine, to and for the Use of such Troop, Five Shillings in Money, to be taken by Distress in like Manner as the Fines in the Foot Companies are; and f [...]r every default of Appearance on an Alarm, every Trooper shall pay a Fine of Ten Shillings, to be taken and disposed of in Manner as aforesaid.

AND be it further Enacted by the Authority aforesaid, That if the Captain, Penalty on the Captain▪ &c. [...] neglects their Duty. or in his absence the next Commanding Officer, shall neglect to Muster and Exercise his Troop two se­veral Days in each Year, &c. he shall be under the like Fines [Page 72] as the Commission Officers of the Foot Company are; to be Recovered and disposed of in the like Manner.

AND be it further Enacted by the Authority aforesaid, That the Commission Officers of each Troop, Penalty on the Cl [...]rk. shall have the same power to punish or fine such Troopers as shall refuse to obey their Commands on their Muster Days, or shall otherways mis­behave themselves as the Captain of the Foot Companies have. And that the Clerk of each Troop shall pay Ten Shillings for every Defect of his, in neglecting to observe such Warrant as from his Superiour Officers shall be to him directed.

The Form of the Commission for Collonel.

To C. D. Gent. Greeting.

YOU C. D. Being by the General Assembly of this Colony, Elected and Chosen unto the Post and Office of Collonel of the Regiment of Militia on the Islands in this Colony,A Collonel's Commi [...]sion. are hereby in His Majesty Name, George, by the Grace of GOD, over Great-Britain, France and Ireland, King, Defender of the Faith, &c. Authorized, Impowered and Commissionated to exer­cise the Office of Collonel of the said Regiment, and to Command, Guide and Conduct the same, or any particuler Company or Compa­nies thereof; and in Case of any Invasion or Assault of a Common Enemy, to infest and disturb these His Majesty's Plantations, you are to Alarm and Gather together the Regiment under your Command, or any part thereof, as you shall deem sufficient, and with them to the utmost of your Skill and Ability, you are to R [...]sist, Expulse, Expel, Kill and Destroy the same, in order to prese [...]ve the Interest of His Majesty, and His good Subjects in these Parts. You are also to follow such further Instructions and Directions as shall from Time to Time be further given forth either from the General Assembly, the Governour and General Council, and other your Superiour Officers: And for your so do­ing, this Commission shall be your sufficient Warrant and Dis­charge.

And the like Form of Commission shall serve for all other Com­mission Officers, Mutatis Mutandis.

[Page 73] AND be it further Enacted by the Authority aforesaid, That all the Commission Officers of the Militia, shall be and remain in their respective Posts, until the General Assembly at their Sitting on the first Wednesday of May next, shall appoint Commission Officers for the same.

AND be it further Enacted by the Authority aforesaid, That the Governour and D [...]puty Governour, Members of the General Council,Who shall be a Council for each R [...]giment with the Field Officers and Commission Offi­cers of each Regiment, and the Justices of the Peace that live within the [...]ame, or the major part of them, shall be a Council of War, [...]or each of said Regiments, both in Peace and War, Vide Act, 1740, 1741, and 1742. to settle [...] Watches and Wards, and to put in Force and Exe­cute the Law Martial as need may Require, and Generally to Say, Do and Act, all and [...] Things shall be needful, necessary or proper for a Council of War to do.

AND be it further Enacted by the Authority aforesaid For the securing of this Colony,In time of any Invasi [...]n, &c. the Gov [...]nour, or D [...]puty Go­vernour to Comm [...]sionate and Equin out sufficient F [...]re­ [...]s to r [...]p [...]l [...] same. and the Navigation thereof against Privateers, in Time of War, and Pirates in Time of Peace, which m [...]y infest the same; that the Governour of this C [...]ony fo [...] the Time being, or in his absence, or by his leave and P [...]mission, the D [...]puty Governour of the same, shall, and may in Time of W [...]r, or any other emergent Occasion, Im­power and Commissionate such Person or Persons, as he shall deem and adjudge to be Loyal, Couragious, and capable to Command such Ship o [...] Ships, or other Vessels (by and with the Advice of so many of the Council, and Field Officers, as may be h [...]d at such Time) as shall be thought needful to Repel, or t [...]ke any Priva [...]eer or Pirate, as shall infest this Colony; and al­so [...]o [...]ake up and Impress such Ship or Ships, or other Vessels, as sh [...]ll be deemed needful for the same; and to equip and fit the s [...]me for the Sea, with Arms, Ammunition and Provisions, and such o [...]her necessary Stores as shall be requisite, out of the Colony's Magazine, if sufficient there be; otherwise to Seize and Impress such S [...]ores and Ammunition as shall serve for the s [...]me; and also to Enlist or Impress such and so many Seamen and others, as shall be needful and requisite to Man out such V [...]ss [...]ls as shall be taken up or Impressed as aforesaid; such Ves­sel or V [...]ss [...]ls to fitted out, not to Cruise any longer at one Time, than Ten Days, the Danger of the Seas only excepted.

AND for the Encouragement of Seamen and others to En­list themselves voluntarily on such Occasions,

BE it further Enacted by the Authority aforesaid, All [...] ta­ken to belong to the Captors. That all such Ships or other Vessels that shall be taken from the Ene­my, [Page 74] during such Cruise, together with their Loading and A [...] ­purtenances, shall be, and remain to the Captors, His Majesty's D [...]es, and the Charge of the Outset only excep [...]ed; and in case that nothing shall be taken from the Enemy during such Cruise; the Charge thereof shall be born by the Colony.

An Act for Relieving such as shall be Maimed, and the Widows, Parents or Relations of such as sh [...]ll be Kill'd in the Colony's Service.

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same, Whosoever shall be di [...]a­bled in [...]he Co [...]on 's S [...]r­vice, to [...]e maintain'd at their Charge. That if any Officer, Soldier or Sailor, that shall be imployed by this Colony, against His Majesty's Enemies, in Defence of this Colony or o [...]therwise, shall be M [...]imed and Disabled by Loss of Limb or Limbs, or otherwise from getting a livelihood for himself and Family, or other Relations that have Dependance on him for Main [...]in­ance; that then and in such Cases, such Maimed Person, shall have his Wounds carefully looked after and healed at the Co­lony's charge, and shall have an Annual Pension allowed him out of the General Treasury, sufficient to maintain himself and Family, or other Relation whose Maintainance is incumbent on him.

AND be it further Enacted by the Authority aforesaid, That if any Person or Persons sh [...]ll be Slain in this Colony's Service as aforesaid, and have the Charge of M [...]intaining a Wife, Children, Parents or other Relations, that then and in such cases, such Wife, Children, Parents or other Relations, the Charge of whose Maintainance was Incumbent on such Person Slain as aforesaid, shall be Subsisted and Maintained by the Colony, by a Yearly Pension, to be allowed them out of the General Treasury, as by the General Assembly shall be deemed sufficient for the same, until such Wife, Children, Pa­rents or o [...]her Relations shall happen to Die, or be able to Sub­sist and Maintain themselves.

And for the better putting this Act in Execution.

BE it further Enacted by the Authority aforesaid, That the Town Council of each respective Town in this Colony, shall have the Care and oversight of such Persons who Reside in their respective Towns,The Town Counci [...] [...] e [...]en res [...] ctive Town, to [...]ee the same per­form'd. and are Intituled to any Pension as a­foresaid, and from Time to Time to Receive the same, and therewith supply such Persons as they shall stand in need thereof.

[Page 75]

An Act for the better Regulation of Attachments in Civil Actions.

WHEREAS by the Custom of this Colony of late Years, it has been allowed, tha [...] the Sheriff or his Deputy's At­taching of Goods of small Value, not answerable to the Debt or Damage Sued for by the Plaintiff, to be a good service of such Writ, in case of the Defendants absence, which hath [...] a cause that there hath not been that diligence used for the A [...] [...]st­ing the Defendant's Person as ought to be.

BE it therefore Enacted by the General Assembly of this Co­lony, and by the Authority of the same, That for the fu [...]ure upon a [...]y Writ delivered the Sheriff in a Civil Action, [...] Plain­tiff order th [...] same. he shall by himself, or his Deputy, U [...]e his best Diligence to Ar­rest the Body of the Def [...]ndant, or Defendants, and shall not Attach the Defendant's Goods o [...] Chattels, unless such Goods and Chattels so Attached be of sufficient Value to answer the D [...]mages laid in such W [...]it; Exc [...]pting only where the Plain­tiff or his Attorney shall on the back of such Writ order the same under [...]he H [...]nd of such Pl [...]in [...]iff, or his Attorney; but in case the Plaintiff, or his Attorney, shall so order the same, such Service shall be sufficient to bring the Cause to a Tryal.

An Act for the Distribution and Settling of Intestate's Estate.Rep [...]l'd, A. D. 172 [...]. An Act for Discouraging Vexations and Unjust Suits in Law

WHEREAS it hath been found that Suits and Actions at Law, have been much Increased of late Year [...], by the V [...]xatious and Litigious Dispositions of either Plaintiffs or De­fendants, in either Suing for what is not their due, or unjustly with-holding the same from others, and are much encouraged thereto, by Reason the Usual Costs to the Parties obtaining Iudg­ment is not ans [...]erable to what may [...]easonably be allowed.

For the Discouraging the same for the future.

BE it therefore Enacted by the General Assembly of this Colo- and by the Authority of the same it is hereby Enacted, T [...] Shill [...]ng [...] and Si [...]-penc [...] [...]lowed [...]. That wh [...]n and so of [...]en as ei [...]her Plaintiff or Defendant, in any Action or Suit in Law or Equity, shall obtain the Iudgment of [Page 76] any Court of this Colony, for him, her or them, that there shall be allowed and Taxed in the Bill of Costs, Two Shillings and Six-pence, for every Ten Miles distance from the Place of such Persons,Two [...]hilling [...] per Diem for Atte [...]a [...]ce. and each of the Witnesses Habitations to the Court where such Cause shall be Tryed▪ and Two Shillings per Day for such Person or Persons, and each of his, her or their Wit­nesses, for their Attendance on said Court.

PROVIDED always, That in case the Evidence of any such Witnesses so attending, shall appear to such Court to be fri [...]olous, and not material to prove the Issue in the Cause, it shall be in the Power and at the Discretio [...] of [...]he Court to al­low them nothing for such their Travel and Attendance, in such Bill of Costs, and the Persons who Summoned them, shall pay their Costs for Coming, Attendance, &c.

An Act, Directing Proceedings in Actions and Suits, wherein either the Recorder or Sheriff are Parties.

BE it Enacted by the Genneral Assembly of this His Majesty's Colony, and by the Authority of the same, Th [...]t when and so often henceforward,The Gen [...]ral A [...]tor [...] to Si [...] all P [...]o­ces [...] [...]here the Recorder is a Party. as the Recorder of this Colony for the Time being, shall be a Party in any Action or Suit, either as Plaintiff or Defendant, the Writ or Writs, both Original and Judicial, shall be Signed and Sealed (as the Law in such C [...]ses Requires) by the General Attorney of this Colony;All Writ [...] [...], shall [...] Town [...]. and that in all Actions or Suits wherein the Sheriff of this Colony for the Time being shall be a Party, the Writs both Original and Judi­cial, shall be directed to the Town Serjeant of the Town, for the Time being, where the Defendant in such Action or Suit, shall be an Inhabitant to Execute the same.

An Act for the Relief of poor Prisoners.

FORASMUCH as many insolvent Debtors have been thrown into Goal upon Execution by their Creditors, and have lain long languishing, to the destroying of themselves and Families.

BE it [...]herefore Enacted by this General Assembly, and by the Authority of the same, That whosoever shall keep or continue an insolvent Debtor in Prison any longer time than he shall be able to Subsist himself, shall find for such Prisoner, [Page 77] Work sufficient to Subsist himself, during his Confinement, or shall pay unto such Prisoner,Insolvent [...] to [...] al­low d [...]ix-pe [...]ce [...] Die [...] by the C [...]edi­tor. Six-pence per Day during the s [...]me; and that if such Creditor shall ref [...]se to pay the same, that then upon Compl [...]int thereof made to any Assistant, or Justice of the Peace, and upon Conviction thereof, such Assi­stant or Justice shall grant forth a Warrant of Distress, to di­ [...]rain so much of such Offender's Estate as shall satisfy and pay the same.

An Act [...] the more speedy Tryal of such Negro and Indian Slaves, who shall be found Purloining and Stealing, &c.

BE it Enacted by the General Assembly of this Colony, and by the [...]thority of the same it is Enacted, That all Negro and Indian Sla [...]e [...] that shall be found Purloining, N [...]r [...]es and I [...]dians to be [...] committed. Stealing or Thieving, shall be T [...]yed and Adjudged for the same, in the Town where such Offence shall be committed; And the Assis­tants, Iustices of the Peace, and Wardens of such Town, or any two of them, are hereby fully Impowered to Hear, Try and Adjudge the same; and upon Conviction thereof, Defini­ [...]ive Sentence to give, as fully and effectually, by Whipping, B [...]nishing, &c. as the General Court of Tryals, and General Go [...] Delivery, wi [...]hin this His Majesty's Colony have been Au­thorized, Us [...]d or Accustomed to do.

SAVING alw [...]ys, The liberty of an Appeal to the Gene­eral [...] Court of Tryals, and G [...]n [...]ral D [...]livery,An A [...]peal al­low [...]d [...]o [...] General Court of T [...]yals, a [...]d GoalDelivery. if the Owner of such Slave or Slaves shall desire the same, and give Bond to prosecute such Appeal, as in other Cases. Any Act or Acts, Clause or Clauses of Acts to the Contrary hereof, in any wise notwithstanding.

A LAW, Made and Pass'd by the General Assembly of his Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Providence, the Twenty Ninth Day of October, 1718.

An Act for Regulating Attorneys at the General Court of Tryals.

FORASMUCH as it hath been found very Injurious to the Country, Not above two Atto [...]ney' [...] to pl [...]ad in one Cause. and greatly to retard the Business of [Page 78] the General Court of Tryals, &c. in allowing three or more Attorneys to Speak and Plead on one side, for either Plaintiff or Defendant.

BE it Enacted by the General A [...]mbly, and by the Authority of the same it is Enacted, That no Person or Persons (whe­ther Plaintiff or Defendant) shall have in any one Cause above two Attorneys or Lawyers, Not above two Attorney' [...] [...]o pl [...]ad in one Cause. to speak and plead for them in the General Court of Tryals, &c. and that one of said Attorneys or Lawyers, shall be a Freeholder, a Freeman, and an Inhabi­tant in this Colony. Any former Usage or Custom to the Con­trary hereof in any wise notwithstanding.

LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-P [...]antations, Held at Newport by Adjournment, the Sixteenth D [...]y of Iune, 1719.

An Act for regulating Appeals to His Majesty in Council in Great-Britain.

WHEREAS many Persons in this Colony appeal Home to His Majesty in Council in Great-Britain, from the Iudg­ments of the Courts within this Colony, in Ca [...]es of very small Moment, whereby many Persons of small Substance have been ne­cessitated to lose their just Rights, for want of ability to defend the same.

For the preventing whereof for the Future.

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That no Person or Persons whosoever, after the Date hereof, shall have allow­ed him,None to Ap­peal to Great-Britain, u [...]der an Action of Three Hundred Pound [...]. her, or them, any Appeal to His Majesty in Council in Great-Britain, for any Matter or thing whatsover, unless such Matter or thing in Controversy be of the Value of Three Hun­dred Pounds, currant Money of this Colony, to be Valued by such Courts where such Appeals shall be prayed. Any Custom or Usage to the Contrary hereof in any wise notwithstanding.

[Page 79]

An Act Enabling the Surveyors of the Highways of the Town of Newport, to Recover the Charges of Paving before the Land of such in said Town, who live out of the Government.

WHEREAS Complaint has been made unto this Assembly by the Town of Newport, that several Persons that have Land in the said Town (which Lands have been Paved before by the Surveyors of the Highways of the said Town, pursuant to the Acts of said Town) have lately Removed out of this Govern­ment, whereby the Surveyors of the Highways of said Town cannot Recover of the Owners of said Lands, the Charges of Paving the [...]ame; which unless provided for, will create great Charge unto said Town, and may possibly hinder the Paving the Streets of said Town, which is of great Necessity to be done, for the Conveniency of the Inhabitants and Travellers.

BE it [...]herefore Enacted by the General Assembly, and by the Authority of the same, That whosoever hath, or shall have, any Lands in the Body of the Town of Newport, and it shall be found convenient to Pave before the said Lands, and the Owner or Owners of such Lands shall not Inhabi [...] within this Colony, and do not within Three Month [...] after such Pav­ing shall be done, satisfy and pay for the same, that then it shall and may be lawful for the Surveyors of the Highways of the said Town, to apply themselves to any Assistants or Iustices of the Peace of said Town, or any two of them, and give in under Oath, or Engagement, the Charge of such Paving which shall be Paved as aforesaid: And such Assistants and Iustices are Impowered and Authorized, to grant forth a Warrant of Distress, to any of the Constables of said Town, to Seize and Distrain so much of the Goods and Chattels of the Tenant or Tenants of such Person or Persons,Tenants to pa [...] theCharge of Paving L [...]d [...] in New­port, the Ow­n [...]rs of which li [...]e out of the Government. within the Town of New­port, as will satisfy and pay the said Charge, and the other rea­sonable Charges accruing thereon; which shall be by such Tenant or Tenants discounted with the Owner or Owners of such Lands, out of the Rents and Profits of such Lands, by him or them Hired: And if such Owner or Owners shall re­fuse so to do, he shall have no Action or Suit of Law for the same. Any Law, Act, or Usage to the Contrary hereof in any wise notwithstanding.

[Page 80]

A LAW, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Newport, by Adjournment to the Eighth Day of Sep­tember, 1719.

An Act for the Establishing of Watches throughout this Co­lony, both in Time of War and Peace.

BE it Enacted by the General Assembly, and by the A [...]thority of the same, Vide Act, 1742. That the Town Council of each r [...]spective Town in this Colony, Be, and they are hereby fully [...] and Impowered, to appoint, Settle and O der a Military Watch in Time of War, in their respective Towns, of such Number of Persons as they think proper for the same. And the Commission Officers of each respective Town, are h [...]reby re­quired to observe and see, that the Orders of such Town C [...]un­cil as aforesaid be duly observed and put in Force.

AND be it further Enacted by the Authorit [...] aforesaid That every Person that shall refuse o [...] neglect to Watch, Penalty for Persons neg­lecting to Watch. when legally warned thereto, shall pay a Fine of Three Shillings in Money, for every such Offence, to the Commanding Officer that sets the Watch.VideAct, 1742. And if he refuse or neglect so to do for the space of five Days, then the Captain under whose List he shall fall, or in his absence the next Commanding Officer, shall grant forth a Warrant to Distrain the same, together with the Reasonable Charges accruing; which Fine so taken, shall be Improved for the Maintainance and Support of such Military Watch.

AND be it further Enacted by the Authority aforesaid, That each respective Town Council in this Colony,Wat [...]hes in time of Peace be, and they hereby are fully Impowered to appoint and Settle all Watches in Time of Peace; and all Persons that shall refuse to do their Duty therein, when thereunto legally warned, shall be under the like Penalty and Fine as those that neglect on a Military Watch, Penalty for Neglect. to be taken and Disposed of in the same Manner, by the Constable under whose Ward he or they shall be.

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LAWS, Made and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Provide [...]ce-P [...]antations, Held at Warwick, the last Wednesday of October, 1719.

An Act enabling the Town Councils of each respective Town in the Colony, to take care to Preserve and Improve the Fishing of the several Rivers in their resp [...]ctive Jurisdictions, and to p [...]event Obstructions being made to hinder the same.

WHEREAS Complaint hath been made to this Assembly, that several Persons within several Towns of this Colony, have, and do Daily, by Dams, Wairs, and otherways obstruct and hinder the Passage of the Fish, up the Rivers they have been acc [...]stomed to; which is very prejudicial to the Inhabitants of s [...]ch Towns, and especially to the Poor of the Neighbourhood, who are many Times greatly relieved thereby.

For the preventing whereof for the future,

BE it Enacted by the General Assembly, and by Authority of the same i [...] is Enacted, That each respective Town Council in this Colony, be, and they hereby are,Vi [...]eAct, 17 [...]7-1742 fully Impow­ered, to take care for the Prese [...]vation of the Fishery of the Rivers wi [...]hin [...]heir respective Jurisdictions,Town [...] to [...] of [...] of th [...] Rivers. and to remove all O [...]tructions m [...]de in [...]ny Rivers, that may prejudice the Inha­bi [...]n [...]s, by stopping of Fish from going up the same.

AND it is further Enacted by the Authority aforesaid, Th [...]t whoso [...]ver sh [...]ll, f [...]om and after the Time of three Months after the P [...]blication hereof,Pe [...]a [...]ty for [...]. Build or E [...]ect any Dam or Wair, a-cross, or in any River, or draw any Sein or Net in the same, in any Town within this Colony, whereby the Fish in their acc [...]s [...]omed Course are hindred from going up the same, without the le [...]ve of the Town Council of such Town first had and ob [...]ain [...]d: Every Person so offending, shall forfeit for every such Offence, the Sum of Forty Shillings, to and for the Use of s [...]ch Town, upon Conviction thereof before any Assistants or Iustices of the Peace of such Town, or any two of them, to be taken by a W [...]rrant of Distress from any one Assistant or Justice of th [...] P [...]ace, directed to a Constable of such Town where [...]he Offence shall be committed.

[Page 82]

An Act for Establishing Vendue Masters throughout this Colony.

BE it Enacted by the General Assmbly, and by the Authority of the s [...]me it is Enacted, That each and every Town with­in this Colony,Each Tow [...] to Ele [...]t a Ven­due Ma [...]t [...]r. shall annually, at th [...]ir Election of Town Offi­cers, Elect and choose a Vendue Master, if they see cause, who shall give to such Town One Thousand Pound Bond, VideAct, 1741. with one good Surety, and shall be Engaged as other Town Officers are, to the Performance of the same, And such Vendue Master so Elected and Engaged as aforesaid, shall sell all Goods of private Persons, put up at any Vendue or publick Outcry, and shall have Two and a Half per Cent for the same.

Condition [...] of Sa [...] to [...]e r [...]ad and comply'd with.AND the Vendue Master, before his exposing of any Goods to Sale, shall publickly Read the Conditions of such Sale: And the Buyers of any Goods and Merchandize, at any Vendue or publick Outcry,VideAct, 1742. are to comply with the same.

AND if the Buyer of Goods or Merchandize at any Vendue or publick Outcry, shall neglect or refuse to pay for such Goods by them bought, by the Time limited in the Conditions of the Sale thereof, then it shall and may be Lawful for the Vendue Master to call a special Court for the same.

VendueMaster to pay th [...] Own [...]s of [...]oods in Five Days after the Sale. AND be it further Enacted by the Authority aforesaid, That if the Vendue Master shall Refuse or Neglect to pay the Owner or Owners of such Goods (by him sold) for the same, by the space of Five Days after the Time limited for the Pay­ment thereof, that then it shall and may be lawful for the Ow­ner or Owners of such Goods, to call a special Court, for the Recovery of the same of the Vendue Master. Any Act or Acts, Clause or Clauses of Acts, to the Contrary hereof, in any wise notwithstanding.

[Page 83]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations, held at Newport the First Wednesday of May, 1721.

An Act for the better preventing of Drunkenness.

WHEREAS it doth manifestly appear to this Assembly, that many Inhabitants of this Colony spend much of their Time and Money at Taverns, Ale-houses, &c. which tends not only to the utter Ruin of themselves, but also exposes their Fami­lies to Penury and Misery, and brings considerable Charges upon the Towns to which they respectively belong.

For the Effectual Preventing whereof for the Future.

BE it Enacted by the General Assembly, and by the Authority of the same it is Enacted, That it shall and may be in the Power and Authority of the Town Council of each respective Town within this Colony, upon Complaint unto them made,Tavern [...]eep­ers, &c. pro­ [...]bit [...]d Selling st [...]on [...] Li [...]uors to common Tip [...]rs. that any Person or Persons so dwelling within the Limits of such Town, do practice such evil and vile Course as aforesaid, to order Prohibitions in such and so many Places within the re­spective Town to which they belong,Vide Act. 1725▪ and 1728. as to them may seem need­ful, thereby strictly prohibiting all Retailers of strong Liquors, as well as all others, to sell any Sort of strong Liquors, directly or indir [...]ctly, to any such Person or Persons as shall be therein mentioned.

AND in case any Retailer of strong Drink, or other Person,P [...]alties so off [...]nding. shall presume, contrary to this Act, to Sell or Vend any sort of strong Liquor to any Person or Persons as aforesaid, and shall be duly convicted thereof, either by their own Confession, or by the Testimony of one or more credible Witness or Witnes­ses; such Person or Persons so offending, shall Forfeit to the Use of the Poor of the Town in which such Offence shall be committed, the Sum of Twenty Shillings for the first Offence; and for every Offence in said Manner after, Forty Shillings; to be Tryed, Taken and Levyed, as other Fines and Penalties not exceeding Forty Shillings are: And the Person so convicted, shall pay all reasonable Costs.

[Page 84]

An Act for Raising and Emitting Forty Thousand Pounds in Bill [...] of Credit, by Way of Loan, &c.

FORASMUCH as the Silver and Gold formerly pas­sing in this Colony is altogether exhausted, and the Bills of Credit Emitted by this Colony are not a sufficient Medium of Exchange; whereb [...] the Commerce and Trade of this Government is exceedingly Obstructed, and the Affairs thereof very much hin­dred: And also Fort Ann calls for very speedy and great Re­parations, which is impossible to be done (for want of a M [...]dium) without the Raising and Emitting such a Sum as aforesaid:

All which being duly considered,

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That the Sum of Forty Thousand Pounds in Bills of publick Credit, of the same Tenor with those which have already been Emitted by this Government,For [...]y Th [...]u­sand Pound Emit [...]ed. be forthwith Impressed and made, and put into the Hands of Six Trustees in the Town of N [...]wport, hereafter named and appointed in this present Act, wi h full Power to Act therein: Which said Trustees, or any three of them, have hereby full Power given and granted them, to Sign all the aforesaid Bills, and to order the making of them, of such Denominations as shall to them seem needful and nec [...]ssary for the Uses aforesaid, not to exceed the said Sum of Forty Thousand Pounds. And the said Trustees may make any fur­ther or other device in the Escutcheons, or on the Body of the Bills, as they shall judge proper to prevent the Counterfeiting thereof; and are also to provide all Materials for the same.

AND be it further Enacted by the Authority aforesaid, That when the said Forty Thousand Pounds is compleatly made and finished, then the Bills shall be delivered by the said Trustees, to the Persons hereafter chosen Committees for the several Towns in this Colony, the Trustees taking their Receipt for the same. [...] And the said Bills shall be Let out by the several Committees, to the Inhabitants of this Colony, in their respec­tive Tow [...]s, on Land Securit [...], in the same Way and Manner as the former Bills Let out by this Colony are,Vide Act, 17 [...]. both for Interest and Security, and for the Term of Five Years from the Adjourn­ment of thi [...] Assembly, not exceeding Three Hundred Pounds, nor under Twenty Five Pounds to any one Person.

[Page 85]AND the Committe [...]s are hereby strictly charged to observe and follow such Orders and ways in Letting out the same, as by [...]n Act of Assembly past in this Colony, Iuly the Fifth 1715, is orde [...]ed, for the Letting out of the Thirty Thousand Pounds then raised.

AND be it further Enacted by the Authority aforesaid, That the aforesaid Committees of the several Towns,None [...] any of [...] who [...] the [...] Bills▪ [...] taken up by othe [...]. shall not Let any of the [...]aid Bills of Credit, to any Person or Persons that hired any of [...]he former Bills of publick Credit, by the space of three Months: But if at the end or expiration of three Months after they have received their Proportion of Bills, there remain any of [...]he same in their hands, not hired out as aforesaid, that th [...]n the s [...]id Com [...]ttees shall and may hire out the same, to any Persons in their respective Towns, upon good Security as aforesaid, or re­turn the s [...]me to the Trustees aforesaid, whose Receipt shall be th [...]i [...] Di [...]charge.

AND be it further Enacted by the Authority aforesaid, That any Persons whatsoever, that shall raise and Manufacture any Hemp or Flax wi [...]hin this Colony, [...] rec [...]v'd [...] pay for the [...] which shall be good and Mer­chantable, they shall be admitted to pay the same into the General Treasury of this Colony, (at such Prices as shall from time to time be set by the General Assembly of this Colony on the same) for the Interest of the Bills by them hired: And the General Treasurer of this Colony for the time being, is hereby required to receive the same accordingly; or otherwise they shall pay the same in Bills of pub [...]c [...] Credit.

AND the Ce [...]ral Treasurer of this Colony for the time be­ing, is hereby Impowered and Enabled, to Su [...] for and Recover the Annual Interest Money, as by the former Law, past Anno 1715, he is En [...]bled to do.

AND be it further Enacted by the Authority aforesaid, That the Honourable Iohn Wanton Esq Deputy Governour of this Colony, Major Nathaniel Coddington, Mr. Robert Gardner, Capt. Ionathan Nickols, Capt. Edward Thurston, [...] and Lieutenant Col­lonel William Coddington, be, and they hereby are, appointed and chosen to be the Six Trustees; and they, or any three of them, shall Sign all such Bills as aforesaid. And all the Mortgages shall be made to them, on the same Conditions as the former were to the former Trustees. And they are also appointed a Committee for the Town of Newport to hire out their proportionable part of said Bills.

[Page 86]AND Mr. Andrew Harris, and Capt. Richard Waterman, shall be a Committee to Execute said Trust for the Town of Pro­vidence. Commi [...]te [...]'s Na [...]es for the [...] Tow [...]s. And Mr. Thomas Cornell, and Mr. William Anthony shall bea Committee to Execute said Trust for the Town of Portsmouth. And Capt. Iohn Waterman, and Mr. Iohn Wicks, shall be a Committee to Execute the said Trust for the Town of Warwick. And Capt. Ioseph Stanton and Mr. Iohn Hill, shall be a Com­mi [...]ee to Execute said Trust for the Town of Westerly. and Captain Simon Ray, and Mr. Thomas Mitchel, shall be a Com­mittee to Execute said Trust for the Town of New-Shoreham. And Mr. Stephen Haszard, and and Mr. Ierem [...]ah Gould, shall be a Committee to Execute said Trust for the To [...] of King­stown. And Mr. Thomas Spencer, and Mr. Pardon Tillinghast, shall he a Committee to Execute said Trust for the Town of East Greenwich. And Mr. Iohn Hull, and Capt. Niholas Carr, shall be a Committee to Execute said Trust for the Town of Iames-Town.

AND it is further Enacted, That all the aforesaid Com­mittees shall be under Oath,Trustee's and Committe [...]'s Allowance. or Engagement, for the true and faithful Performance of the Trust reposed in them, and shall be allowed for their Service therein, the Sum of Fifteen Shillings for every Hundred Pounds by them Let, out of the General Treasury, to be divided among them as followeth, viz. To the Six Trustees, for their Service in Signing the said Bills, &c. two thirds of the whole Amount together with a proportionable part with the other Committees, according to the Sum or Sums Let out for the Town of Newport's Proportion. And shall pay the Remainder to the Committees of the several Towns, in propor­tion to such Bills as shall be by them Let out.

AND be it further Enacted by the Authority aforesaid, That the one Moiety, or half part of the Interest, that shall accrue on the Letting out the aforesaid Sum of Forty Thousand Pounds, Half the Inter­est to be deli­ve [...]'d to the respective Towns, acor­ding to their proportion of Rates. shall be by the General Treasurer of this Colony, delivered to the Treasurers of the respective Towns in this Colony, accor­ding to their Proportion of Rates, as now by the Law they stand stated, for such Towns to Improve as they shall think needful, in the management ef their prudential Affairs.

An Act for stating the Salary of Assistants, and Wages of the Deputies.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, Assistants al­lowed Ten Pounds p [...]r Annum. That the Assistants of this Colony for the time being shall each of them have Ten Pounds per Annum, paid out of the General Treasury of this Colony for their Service.

[Page 87]AND the Deputies convened in General Assembly,And Deputies Six Shillings per Diem. shall for every Days Service in the publick Affairs, in attending in the General Assembly, during the Session or Sessions thereof, have Six Shillings per Diem each, for such Service, to be paid by each respective Town, as formerly, when they had but Three Shillings per Diem allowed them.

LAWS, Mad [...] and Pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Wa [...]wick the last Wednesday of October, 1721.

An Act to redress Misimployment of Lands Goods and Stocks of Money, heretofore given to certain Charitable Uses.

FOR AS MUCH as certain Lands, Tenements and Heredita­ments, and the Profits of the same, and also Stocks of Money, Cha [...]tles, and the profits thereof, have heretofore been given, limit­ed, appointed and assined by several well disposed Persons, to and for the Relief of the Poor, and bringing up of Children to Learn­in [...]; which Lands, Tenements, Hereditraments, Rents and Profits of the sam [...], and also Goods, Chattels, and Stocks of Money, and the Profits thereof, nevertheless have not been imployed according to the charitable Intent of the givers and founders thereof, by Rea­son of Frauds, Breaches of Trust, and Negligence in those that should Pay, D [...]liver, Improve the same for the Uses design'd.

For Re [...]ress and Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That it shall and may be Lawful to and for each respective Town Council within thi [...] Colony, as need shall Require, within their respective Jurisdictions, [...]o enquire, as well by the Oaths of Twelve Law-Men, or mo [...]e, of such Town, as by all other good and Lawful ways and means, of all and singular such Gifts Limitations, As­signments and Appointments afores [...]id; and of the abuses and breaches of Trust, Negligence, Misimployments, not Imploying, Concealing, Defrauding and Misconverting or Misgovernment [Page 88] of any Lands,Town Co n­cils impowe [...]'d to [...]nquireinto the Improv [...] ­ment of and, &c. given for [...]haritable [...]. Tenements, Hereditaments, Rents, Profits, Goods, Chattels and Stocks of Money, and the Profits thereof, heretofore Given, Limited, Appointed, or Assigned, to and fo [...] any of the Charitable and Godly Uses aforesaid, Yearly, or as often as to them shall appear requisite and needful.

AND after the Town Council (upon calling the Parties in­trusted with any such Lands, Tenements, Hereditaments, and the Rents and Profits thereof, or with any such Goods, Chattels, or Stocks Money) shall make Enquiry by the Oaths of Twelve good and lawful Men of the said Township (whereunto the said Parties intrusted shall and may have and take their lawful Chal­lenge or Challenges) they are hereby Impowered, upon such En­quiry,Town Coun­cils O [...]d rs to stand good until alter'd by th [...] Gov­ernour and General Council. Hearing and Examination thereof, to set down such Orders, Judgments, and Decrees, that the said Lands, Tenements, Her­editaments, Rents, Goods, Chattels, Stocks, of Money, and the Profits thereof, may be duly and faithfully imployed, to and for the Charitable Uses and Intent of the Donors, and Founders thereof: Which Orders, Judgments and Decrees, not being con­trary or repugnant to the Orders, Statutes and Decrees of the Donors or Founders, shall by the Authority of this present As­sembly, stand firm and good, according to the Tenor and Purport thereof; And shall be Executed by the Sheriff of this Colony for the time being accordingly, until the same be altered or un­done by the Governour and General Council of this Colony for the time being, upon Complaint by any Party agrieved made unto them.

AND be it further Enacted by the Authority aforesaid, That upon the finding any such breach of Trust, Negligence, Misimployment, Mismanagement, or Under renting any such Lands, Tenements, Hereditaments, Rents, Profits Goods, Chat­tels, or Stocks of Money, Iudgments and Executions shall be given forth by the said Town Council, against the Misimployers, Mismanagers and Misimprovers of the same: And the same shall be Levyed out of their Estates: And for want of sufficient Es­tate of theirs to be found, to satisfy and pay the same, they shall be committed to His Majesty'sGoal, until the same be satisfied and paid, and a just Distribution thereof be made, according to the true Intent and Meaning of the Donors or Founders.

AND be it further Enacted by the Authority aforesaid, That it shall and may be Lawful, to and for and Person or Persons agrieved at any Sentence, Order, Judgment or Decree of any Town Council, in any of the Cases aforesaid, to Appeal [...]rom such Sentence, Order, Judgment or Decree, unto the Governour and Council of this Colony for the time being, as in [Page 89] other Cases is usually allowed; who are hereby impowered to Alter, Mitigate, R [...]verse, or Confirm such Sentence, Order, or Judgment of such Town Council,Persons agrie­ved to App [...]al to the Gov [...] ­n [...]ur and Council. and to give a new and final Iudgment and Determination in said Case, as they shall think f [...] and agreeable to Equity and good Conscience, according to the true Intent and Meaning of the Donors or Fou [...]ers thereof, and shall Tax and award good Costs of Suit, by their Directions, against such Persons as they shall find to Complain unto them, without sufficient cause, of the Orders, Judgments and Decrees aforementioned.

PROVIDED always, That the Party or Parties desir­ing an A [...]al from such Town Council, to the Governour and General Co [...]cil of this Colony, do the same Day such Order,B [...]d to be given to [...] the Ap­peal. Sentence, Judgment or Decree is given, request that such his or their Desire be entred in the Records of said Court, and within ten Days after Judgment give sufficient Bond to the Clerk of said Council for the Time being, with sufficient Sureties to pro­secute his, her or their Appeal with Effect, and to stand and abide such final Judgment as shall afterwards be given in said Cause; or otherwise such Person or Persons shall lose his, her or their Advantage of Appeal as aforesaid.

AND in the mean Time such Sentence, Order, Judgment or Decree of such Town Council shall be suspended,And in the mean Time the Town Coun­cil's Order to be suspended. and Execu­tion stopped thereupon: Any thing in this Act before contained to the Contrary hereof in any wise notwithstanding.

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations Held at New­port, the First Wednesday of May, 1722.

An Act for Settling a Salary upon the Deputy Governour of the Colony for the Time being.

BE it Enacted by the General [...]ssembly, and by the Authority thereof, Deputy Gover­n [...]ur to have Th [...]rty Pounds per Annum. That the Deputy Governour of this Colony for the Time being, be allowed Thirty Pounds per Annum, as a Salary for his said Office, out of the General Treasury of this Colony.

[Page 90]

An Act for the Dividing of the Town of Kingstown into two Towns, by the Names of North and South Kingstone.

FORASMUCH as the Town of Kingstown is very large and full of People, so that it is found convenient for the ease of the Inhabitants, and Dispatch of Business to divide the same into two parts, and make two Towns thereof.

Kingstown di­v [...]ed. BE IT THEREFORE Enacted by the Authority of this Assembly, That the Town of Kingstown be Divided and made into two Towns, by the Names of North and South King­stown; and than each of them have one Assistant, and the like Priviledges as other Towns in this Colony have and do enjoy.

A LAW, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations Held at New­port, the Last Tuesday of August, 1722.

An Act in Addition to an Act, Entituled, An Act for preventing Damage to be done by Firing the Woods in any Town of this Colony.

FORASMUCH as the Penalty in said Act for those that are found guilty of Firing the Woods, is found to be so small, that many Persons Fire the same notwithstanding; whereby great Damage is yearly done to wany Persons.

For the preventing whereof for the Future,

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That whosoever shall be convicted of Firing the Woods,V [...]deAct. 17 [...]4. Persons Firing the Woods to forf [...]it T [...]n Pounds. contrary to the afore­said Act, shall forfeit Ten Pounds for every such Offence, to and for the Use of such Town where such Offence shall be com­mitted, to be recovered at the General Court of Tryals, by Bill, Plaint or Information, by the Attorney General, together with the Incident Charges accruing thereon:Or be Impri­son'd or Whip [...]. And if such Per­sons as shall be convicted as aforesaid, shall have no Personal Estate to satisfy and pay the same, that then such Persons shall be Imprisoned for such Offence, at the Discretion of the Judges of such Court, not exceeding three Months, or be Whipt not exceeding Thirty Nine Stripes: Any Law, Custom or Usage to the Contrary hereof in any wise notwithstanding.

[Page 91]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Ne [...]por [...] by Adjournment, the Eighteenth Day of Iune, 1723.

An Act for preventing the Purloining of Fish caught in any Pots, Wai [...], N [...]ts, &c.

BE it Enacted by the General Assembly, and by t [...]e Authority ther [...]f, That if any Person or Persons shall be found Rob­bing or Drawing any Fish Pots, W [...]irs or Nets, No Person to draw any Fish Pots, &c un­der the Penal­t [...] of Forty Shillings. witin this Go­vernment, they shall be liable to be Sued by the Owner or Owners of such Pots, Wairs or Nets; and upon due Proof thereof, shall pay to the Owners of such Pots, Wairs or Nets, the Sum of Forty Shillings, to be Recovered before any two Assistants, Justices of the Peace, or Wardens of each respective Town within this Colony.

A LAW, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island and Providence-Plantations, Held at Newport, the Third Tuesday of February, 1723:

An Act for the speedy Recovery of Costs, in all Cases discontinued.

BE it Enacted by the General Assembly, and by the Authority thereof, Defendants to have Costs taxed. that in all Cases where any Person or Persons shall be Arrested, and the Plaintiff enters a Declaration, and after withdraws or discontinues his Action, the Defendant or Defen­dants shall have their Costs taxed, at such Court to which they were to appear by their being Arrested.

[Page 92]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Newport the Twenty Third Day of Iune, 1724.

An Act in Explanation of an Act, Entituled, An Act to prevent Indians being Sued for Debt.

WHEREAS the Act of Assembly made and pass'd May the 7th, 1718, whereby Indians are exempted from being Sued for Debt, has been misconstrued, and extended to the exemp­tion of all Indians from any Manner of Action or Suit, to the great Damage of sundry Persons dealing with them.

BE it therefore Enacted by the General Assembly of this Co­lony, and by the Authority of the same, That the aforesaid Act of Assembly, in that particular Clause relating to Actions of Debt, Ninigr [...] and his Family on­ly exempted from being Sued. shall hereafter be construed to extend to the present Fami­ly of Ninigret, the late Indian Sachem, deceased, and to those that shall be of his Race, and to no other Indian whatsoever; and that all other Indians (excepting for strong Liquors and Tavern scores) shall and may be subject to Actions of Debt, and all other Actions in the same Manner as other Subjects are: Any Law, Usage or Custom to the Contrary, in any wise not­withstanding.

A LAW, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island and Providence-Plantations, Held at Providence, the last Wednesday of October, 1724.

An Act for Prohibiting the Tearing the Bills of Credit.

WHEREAS the Custom of tearing of the Bills of Credit, and passing them in Halves and Quarters, has been of late [Page 93] introduced in this Colony, and much practiced, which if not time­ly prevented, will be great Damage to the Publick, by abating the Credit of said Bills, as well as by putting the Colony to unne­cessary Charges in Re-printing the same.

BE it therefore Enacted by the General Assembly of this Co­lony, and by the Authority of the same it is Enacted, That no Person within this Government, upon any pretence whatso­ever, (from and after the first Day of Ianuary next ensuing) shall Tear, Utter, or Pa [...]s away any Bill so Torn, or any Bill patched up and compiled of more than one sort,None to tear any B [...]lls, on the Penalty of Ten Shillings. be the same of either of the Governments of New-England, knowing the same to be Torn, patched up, or compiled as aforesaid, (excepting our own Bill [...] to be changed in the General Treasury) upon the Pe­nalty of Forfeiting the Sum of Ten Shillings for every such Of­fence, to be Recovered by any Assistant or Iustice of the Peace within this Government, upon Information and Proof, or upon his or their own Knowledge: Any Law, Usage or Custom, to the Contrary hereof, in any wise notwithstanding.

A LAW, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island and Providence-Plantations, Held at Newport, the Twenty Ninth Day of December, 1724.

An Act for Impowering the Town Council to secure the Personal Estate of deceased Persons.

BE it Enacted by the General Assembly, and by the Authority of the same it is Enacted, That from and after the Publica­tion of this Act, all Persons within this Colony,Personal Estate of the Dec [...]a [...]d to be produced. that shall have the Possession of any of the Personal Estate of any Person that shall Decease, shall make Oath, or give their solemn Engage­ment, before the Town Council of such Town where any In­ventory of the Personal Estate of such deceased Person shall be Exhibited, that they show all the Personal Estate they have in their Custody or Possession belonging to such deceased Person.

AND be it further Enacted by the Authority aforesaid, That if any Person or Persons shall Refuse or Neglect to make Oath as aforesaid, before the Town Council, on legal warning had, he, or they shall be by such Town Council committed to his Majesty's Goal, until Oath be made as aforesaid.

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A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Newport the Third Tuesday of Iune, 1725.

An Act for Enabling the Town of Providence to lay out High­ways in said Town.

FORASMUCH as laying out of Highways in the Town of Providence, [...]ccording as it hath been practiced of late, puts the Town to ex [...]ssive and needless Charge.

For Remedy whereof,

IT is Enacted by the General Assembly of this Colony, and by the Authority of the same, That it shall and may be Lawful for the Town Council of Providence, to Nominate and Appoint three Indifferent Men, (not Interested or concerned in any such Land, where such Highways are to be run) with one Iustice of the Peace,Indifferent Person [...] to be chos [...]n to lay out Highways. VideAct, 17 [...]1. and a Constable, or Town Serjeant of said Town, as need shall require, and to agree with the Owner or Owners, Proprietor or Proprietors of such Lands, that such Highways so laid out shall go through; and if they cannot agree in the Value of the same, then the Town Council of Providence for the Time being, shall set a P [...]ice upon such Land so taken off by said Highway, and the Damage that the said Way doth in cutting said Land, which Sum shall be paid out of the Town Treasury of said Town, with all Charges that shall accrue in laying out said W [...]y.

AND be it further Enacted by the Authority aforesaid, That if any Person or Person shall be agrieved at the Proceedings a­foresaid,P [...]rsons a [...]ie­ved to have th [...] Way relay d by a Jury. then an [...] in such Case, the Person or Persons so agrieved, shall and may have Liberty to have the said Way relayed by a Jury according to the pres [...]nt Law of this Colony.

PROVIDED, That such Person or Persons will be at the Charge of the Jury,Provis [...] and also pay all oth [...]r Charges that shall accrue by relaying the said Way, if the I [...]y shall not alter the same: But if the said Way be altered, th [...] Charge to be paid out of the Town Treasury. And the other Way that was be­fore layed out, as abovesaid, shall [...]eturn to the Owner or Owners thereof again.

[Page 95] ALWAYS provided, That the Land where the Way goes, shall be paid for out of the Town Treasury. [...]

AND in case the Person or Persons that shall be agrieved by the laying ou [...] of the Way through hi [...] or their Land, [...] shall not make his or their Complaint thereof at the next succeeding Town Council, after such Way i [...] laid out, that then he [...]r they shall be for ever after excluded and barred from having the sai [...] Way relayed out by a Iu [...]y: Any other Law, Custom [...] Usage, to the Contrary hereof, in any wise notwithstanding.

An Act for d [...]ing and [...]tting of Estates Tail, pursuant to the L [...]w of Great-Brita [...]n.

[...]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony▪ of Rhode-Island, and Providence Plantations, Held at Warwick, the last Wednesday of October, 1725.

An Act in Addition to an Act, Entituled, An Act for the better preventing of Drunkenness.

WHEREAS there was an Act of Assembly past in this Co­lony, the First Wednesday of May, A. D. 1721, Entitu­led, An Act for the better preventing of Drunkenness; where­in amongst other Things it is Enacted, That if any Person be by the Town Council posted as a common Drunkard, all Persons of said Town are strictly prohibited from selling or sending to such Persons so posted, any sort of strong Liquors whatsoever, upon such Penalties and Pains as in the said Act is mentioned; and several Persons so posted, going into the Neighbouring Towns, there consume and waste their substance, and impoverish their Fa­milies; whereby the Force and Intent of the aforesaid Act is defeated.

Whereupon, and for Remedy thereof,

IT is Enacted by this General Assembly, That the Town Coun­cil of each and [...] Town within this Colony, after they [Page 96] have Posted any Person as a common Drunkard, may Notify the Town Council of their Neighbouring Towns of the same; who upon such Notifications,Common Drunkards to b [...] Po [...]ted in their Neigh­bo [...]ring Towns are to Post the same in some convenient Place or Places in the Town: Whereupon the Inhabitants of such Town, shall be restrained from Selling or Vending to such Person so Posted, any strong Liquors of any sort whatsoever, as much as the Inhabitants of such Town are, where such posted Persons live. And if any Person shall presume to do contrary hereunto, such Person so doing, upon conviction thereof, shall suffer such Penalties and Pains, as in the aforesaid Act is set up­on such Offender or Offenders, and to be Recovered in the like Manner.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations Held at New­port, the Tenth Day of Ianuary, 1725.

An Act in Addition to an Act, made and pass'd in the Eighteenth Year of King Charles the Second, Entituled, An Act for the regulating of Fences throughout this Colony.

What Stone-Wall Fence shall b [...] ac­counted Law·BE it therefore Enacted by the General Assembly of this Co­lony, and by the Authority of the same, That a Lawful Stone-Wall Fence shall be four Foot high, with a flat Stone hanging over on the Top thereof, or a good Pole or Rail there­upon, well Staked, or well secured with Crotches or Posts, or a Stone Wall four Foot and a half high, without a Pole, Rail, or flat Stone on the Top, and no other: And that all Stone Walls so built and kept, shall be deem'd a sufficient Fence against all Creatures whatsoever.

[Page 97]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Newport, the Third Day of May, 1726.

An Act for the Regul [...]ting of Millers in their taking of Toll.

WHEREAS there is no particular Law of this Colony, for the R [...]gulating of Millers in their taking Toll out of the Corn or Grain by them Ground; whereby poor People often times suffer, by having exorbitant Toll taken from them.

For Remedy whereof,

BE it Enacted by the General Assembly, and by the Authority of the same it is Enacted, That from and after the Pub­lication hereof, no Miller, or Person taking Corn or Grain to Grind, shall upon any pretence whatsoever, take more Toll for the Grinding of the same, than a Sixteenth part, No more Toll to be taken than a Six­teenth Part, on the Penal­ty of Twenty Shilling. or two Quarts for grinding of a Bushel, and so proportionably for a greater or lesser Quantity, upon the Penalty of Forfeiting a Fine of Twenty Shillings for each Offence, the one half thereof to the Informer, and the other half for the Use of the Town where such Offence shall be committed; the Offender to be Tryed be­fore any one Assistant, or Justice of the Peace of such Town where such Offence shall be committed: And the Party Of­fending,U [...]less by con­tract with any Town on P [...]r [...] shall be liable to pay the Party agrieved his Lawful Da­mages. Excepting where any Mi ler, or Person Erecting a Mill, shall for some Reason make a particular Contract with any Town or Person, for greater Toll; then such Miller, or Person tending such Mill, shall not be Liable to such Penalty, except he or they exceed the Toll contracted for.

AND be it further Enacted by the Authority aforesaid, That all Millers, and Persons tending Mills,Grain to be ground for each Person in t [...]eir Tur [...]. shall make good Meal ac­cording to custom, and grind for each Person bringing Corn or Grain to be ground, in their turn, without Distinction, upon the Pen [...]lty abovesaid, to be recovered in Manner abovesaid, and applied one h [...]lf to the Informer, and the other half to and for the Use of the Town where such Offence shall be committed.

[Page 98]

LAWS, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island, and Providence-Plantations, Held at Newport by Adjournment, the Fourteenth Day of Iune, 1726.

An Act for calling in the Five Pound and Forty Shilling Bills, Emitted in the Years 1715 and 1721.

WHEREAS it appears, that some Persons have Counter­feited the Bills of publick Credit emitted by this Colony, and particularly the Five Pound Bills and the Forty Shilling Bills, of the new Impressions of this Colony, emitted in the Year, 1715, and in the Year, 1721, in Imitation whereof, those wic [...]ed Persons have Engraved a Plate, and uttered some Forged Bills stamped therefrom; the Consequence whereof, may prove very In­jurious to the Currency of said Bills.

BE it therefore Enacted by the General Assembly of this Colony, and by the Authority thereof it is Enacted, That the afore­said Five Pound and Forty Shilling Bills,Five Pound and Forty Shil­ling Bills cal­led in b [...] the First of May, 1727. Impressed from the aforesaid Plates, in the Years 1715 and 1721, by this Govern­ment, be called in, and returned into the General Treasury of the Colony, by the First of May next ensuing, which will be in the Year of our Lord, 1727.

AND from and after the First Day of May next, the Cur­rency of the said Five Pound and Forty Shilling Bills shall be stopped;And [...]orbidden to pass after that time. and they shall thereafter for ever be rendred insufficient to pass from Man to Man, as Money, as they have been hither­to Authorized and Received to pass.

AND all such Bill [...] of the aforesaid Impression of Fi [...]e Pounds and Forty Shillings, The true Bills to be c [...]anged. that are returned into the General Treasury aforesaid, that are Genuine and not Forged, shall be changed; and the Persons bringing them shall have other Bills equivalent, in Lieu thereof.

[Page 99]

An Act for the Limitation of personal Actions, as they are Li­mited to be brought within a certain Term of Years, in the Statute of the 21st Year of King Iames the First, and Chapter the 16th; and for putting the Statute in full Force, and Li­mitting said Action [...] in this Colony.

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That from and after the End and Time of Six Months after the Adjourn­ment of this Assembly, the aforesaid Statute of Limitation, made in the Twenty first Year of King Iames the First, and Chapter the Sixteenth, Statute of [...] ­mi [...]ation in [...]orce in t [...]is C [...]lony. for the Barring of all Actions of the Case, Trespass, Detin [...]e, &c. a [...] in the said Statute is expressly mentioned, after such Times as are therein Limited, shall be in [...]ull Force, Strength and Authority in t [...]is Colony, to Bar all such Actions of the Case, Trespass, Detinue, &c. as fully and amply, as they are in and by the said Statute Barred: Any Act, Custom or Use, to the Contrary hereof, in any wise notwith­standing.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, held at Newport the Thirteenth Day of Iune, 1727.

An Act for Repealing an Act, made and pass'd in the 21st Year of King Charles the Second, Entituled, An Act directing what Bonds the Sheriff shall take, of Persons Arrested in Civil Actions.

WHEREAS the Act of the General Assembly of this Colony, directing what Bonds the Sheriff shall take in Civil Actions, Dated the 21st of King Charles the Second, has by Experience proved very hurtful and prejudicial to sundry People, by evil minded Persons running themselves in Debt, and sheltering them­selves under a small Freehold.

BE it therefore Enacted by the General Assembly of this Co­lony, and by the Authority thereof it is Enacted, That the aforesaid Act be Repealed, and rendred Null and Void;Sufficient Bond to b [...] taken. and that the Sheriff and his Deputies, in taking Bonds as aforesaid, be governed and Act pursuant to the Law of England, by taking good and sufficient Security: Any Law, Custom or Usage, to the Contrary hereof, notwithstanding.

[Page 100]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations, Held at War­wick, the last Wednesday of October, 1727.

An Act in Addition to an Act, for Recording Marriages, Births and Burials.

WHEREAS there is an Act of the General Assembly of this Colony, made in the Year 1701, Requiring all Mar­riages, Births and Burials, to be Recorded in Manner as is there­in expressed, and upon the Pains and Penalties therein contained, which has proved ineffectual hitherto, to compel Persons to Register their Marriages, and the Births and Deaths of their Children and near Relations, by Reason the Town Treasurer, who is not the Recorder of such Marriages, Births and Burials, was Im­powered to Sue for the same.

For remedying whereof for the Future,

BE it Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That the Town Clerk of each respective Town in this Colony, be, and he is hereby Authorized and Impowered, to Sue for and Recover of all and every Person or Persons,Town Clerk to Su [...] for Penal­ty for neglect­ing to Re [...]ister Marriages. that shall refuse or neglect to Register his or their Marriage or Marriages, or the Birth or Death of his or their Children, as by the aforesaid Act is enjoy­ned, [...] on the same Penalties, the one Moiety to be to and for the To [...]n Clerk if he Sues for the same, and the other Moiety to and for the Use of the Town, to be Recovered before any Justice of the Peace, Warden, &c.

An Act for Enlarging a Trooper's Fine, from Five Shillings for a Days Non-appearance, to Ten Shillings.

BE it Enacted by the General Assembly of this Co­lony, Fi [...]h Tro [...]per to pa [...] Ten Sh [...]lling [...] for Non- [...]pp [...]a [...] and by the Authority of the same it is Enacted, That every inlisted Trooper, belonging to any Troop of Horse in this Colony, who shall be legally Cited or Notified to meet and [Page 101] Troop, upon any Day or Days, as by Law is required, and shall refuse or neglect to give his Appearance at the Time and place appointed, shall for every Days defect in not appearing, Forfeit and Pay a Fine of Ten Shillings, to be taken and dispo­s [...]d of as by the former Law of this Colony is Directed and Ordered.

An Act in Addition to an Act, made in the Sixteenth Year of the Reign of King Charles the Second, Entituled, An Act for the [...]reventing Illegal and Clandestine Purchases of the Na­tive Indians in this Colony.

WHEREAS in the aforesaid Act it is Enacted, That no Person or Persons whatsoever, shall purchase any Lands or Islands in this Colony, of or from the native Indians within the same, but only those who are so allowed to do by the General Assembly, upon Penalty of Forfeiting all such Lands or Islands, &c. to this Colony, &c. And on such other Penalties as in said Act is expressed; and no regard is had in the said Act to prevent taking of Leases of the native Indians, or to prevent any other Way of Granting Lands.

BE it therefore Enacted by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That from and after the Publication of this Act,No Lease [...], &c. to be taken of the Native In­dians, without t [...]e Assent of the Assembly. no Person or Persons whatso­ever, shall take or receive any Deed of Gift, Grant, Conveyance, Assurance, or Mortgage of any Lands whatsoever, of or from any Indian or Indians, Natives of this Colony, or any Lease or Leases, of, for, or concerning any Land, &c. without the As­sent of the General Assembly of this Colony first had and ob­tained. And any Person doing contrary hereunto, shall Forfeit all such Lands, &c. so given, granted, conveyed, or assured, and all their Rights in Lands so Leased, to the Colony, for and toward the Support thereof: And any such Person or Persons offending herein, shall pay a Fine to the Colony, to and for the Support thereof, not exceeding One Hundred Pounds, to be Re­covered by the Attorney General for the Time being, in any Court of Record within the Colony, by Bill, Plaint or Informa­tion, where no Assoign, Protection, or Wager of Law shall be allowed.

[Page 102]

LAWS, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island, and Providence-Plantations, Held at Newport, the last Tuesday of February, 1727.
Continued 1731 and 173 [...], and r [...]pea [...] 1741.An Act for the Encouragement of Raising and well Manufactur­ing of Hemp in this Colony.

An Act Enabling the Town Council of each respective Town in this Colony, to receive or reject any Persons from being Inha­bitants in the same.

WHEREAS it happens oftentimes that divers Vagrant and Indigent Persons, as well as others, get into the several and respective Towns within this Colony, and are by some of the Inhabitants thereof, (to the great prejudice of others) entertain­ed and sheltered some considerable Time, before the Town Coun­cils have any Knowledge thereof; and oftentimes by their cunning Insinuations, so far prevail upon some of the Inhabitants (who are of flexible Disposition) as to tender Bonds for them, to the Town Council of the respective Town in which they are. And foras­much as there is no Law in this Colony, which enables the respec­tive Town Councils to send such Persons as aforesaid out of the several Towns, after sufficient Bond to endemnify such Town from Charge is tendred; yet nevertheless, such profligate Persons, by their corrupt Morals, two often prove pernicious to Towns, in Debauching of Youth, and inticing of Servants to Pilfer and Steal from their Masters, &c.

For Remedy whereof,

IT IS ENACTED by this present Assembly, and by the Authority thereof, That the Town Councils of each of the Towns within this Colony,Town Coun­cil to allow or disallow of Bonds [...]en­der'd. be, and they are hereby fully Impowered, upon the Tender of such Bond as afore­said, for any Stranger that comes into any Town in this Colony, at their Discretion, to allow or disallow thereof, the Tender of such Bond notwithstanding.

[Page 103] AND it is further Ordered and Enacted, That all Foreigners and Strangers,Strangers to inform the Town Coun­cil of their Arrival. that hereafter shall come into any Town within this Colony, with an Intent therein to settle, or to con [...]inue any considerable Time, shall within one Month's Time after his or her so coming into such Town, apply themselves to the Town Council [...]hereof, and inform them of their Intention; and upon any such Person or Persons neglecting to inform the Town Council as [...]fores [...]id, it shall be lawful for any Assistant,Vide Act, 1737 Iustice or War­den of the same Town, upon Information thereof given him, by hi Warr [...]n o the Constable or Town Serjeant, forthwith to con­vey such P son or Persons out of said Town.

AND it is further Enacted by the Authority aforesaid, Tha [...] in c [...]se any Tavern-keeper, Inholder, Victualler, Tavern-keep­ers, &c. to give Notice of Strangers en­tertained by them. or other Person whatsoever, inh [...]iting in any Town, within this Colony, shall en [...]ertain any Family coming out of any other Government, or any other Parts, for more than one whole Week, without giving Notice thereof to an Assistant, Justice of the Peace, or Warden of the same Town, that then such Tavern-keeper, Inholder or Vic­ [...]ller, or [...]ny o [...]her Person or Persons whatsoever so offending, sh ll pay a Fine not exceeding Forty Shillings for every such Of­f [...]n [...]e, to be recovered by the Town Treasurer of each respective Town, before two Magistrates, or Iustices, or Wardens, to and for the Use of such Town.

AND if any Person shall be sent out of any Town, and dis­all [...]wed to be an Inhabitant thereof,Punishment for Persons sent out of any Town, and returning. and shall return again without th [...] L [...]ve of the Town Council of such Town, they shall suffer co po [...] Punishment, by being whipt (not exceeding Thirty Nine [...]) or be fined, not exceeding Forty Shillings, at the Town Council's Discretion.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island and Providence-Plantations, Held at New­port, the first Wednesday of May, 1728.

An Act for Impressing and Emitting of Forty Thousand Pounds in Bills of Credit on this Colony, by Way of Loan.

WHEREAS an Act of the General Assembly of this Colony, made the 29th Day of December, 1724, in Addition to two Acts made and past in said Colony, in the Year 1715, Orders and directs the Forty Thousand Pounds, being the first Bank [...]mitted [Page 104] in this Government, to be called in out of the Hands of those Per­sons entrusted therewith, and let out again to other Persons not having before had Money upon Loan, in manner as in and by said Act is expressed: Which Affair having been duly weighed and maturely considered, and it appearing, that the Ends and Purposes for which said Bank was first emitted, were fulfilled and accom­plished, and that therefore it is most Consonant to Iustice, and most agreeable to the Honour and Integrity of the Government, not to keep out said Bank longer than Necessity required, or to the Pre­judice of said Currency.

IT being also in like manner considered, that the Persons who took said Money upon Loan, have been very punctual and exact in the Payment of the Interest thereof, for the carrying on those wise Ends and Purposes for which the same was emitted; and that sun­dry of them by paying Interest as aforesaid, have been so exhausted in their Stock, that for the Government to exact the Payment in of said Bank in compleat Sums at one time, as the same was emitted, would inevitabl [...] tend to the Ruin and Destruction of many Fami­lies, good Subjects of the King: And the General Assembly aforesaid, having a due Regard to the aforesaid Inhabitants of the Govern­ment, involved as aforesaid, as well as to the publick Fund of the Colony, and judging it an Infringement upon the Liberties and Pri­vileges of the English Subjects, to inrich the one at the immediate Ruin of the other,

DO ORDER and Direct, The Calling-in and Sinking said old Forty Thousand Pound Bank, in and by the following Manner and Means.

AND it is therefore Enacted, That the aforesaid Act, made the 29th Day of December, 1724, for continuing out the said Forty Thousand Pounds, be, and it is hereby Repealed, made Null and Void, to all Intents and Purposes whatsoever.

AND be it further Enacted by the General Assembly, and by the Authority thereof it is hereby Enacted, FortyThousand Pounds [...] t [...]e Year 17 [...]5, co [...]inu­ [...]d [...] Y [...]ars. That the Forty Thousand Pound Bank, emitted in the Year 1715, by two Acts of Assembly, one entitled, An Act for raising and emitting Thirty Thousand Pounds; and the other entitled, An Act for raising and emitting Ten Thousand Pounds, be, and it is hereby continued upon Interest, on the same Terms as first Let, for three Years after the Expiration of each particular Mortgage given for the same; and at the End and Expiration of which time,

IT is hereby Enacted and Declared, That the same shall no longer be continued upon Loan, but shall be paid into the Grand Committee, or Colony Trustees, in the Term and Space of ten Years, [Page 105] commencing as aforesaid, to be consumed in the Presence of the General Assembly, in the following Manner, that is, one tenth P [...]rt thereof annually, by each particular Person who hired the same, according to the Sum contained in the respective Mortgages by them given.

AND for the facilitating and making said Payments more re­gular and free from Error,

IT is further Enacted, That each Person having of said Money as a [...]res [...], shall give ten distinct Bonds to the Grand Committee,T [...]n distinct B [...]nds to be [...]iv [...]n. or o [...]her Committees in their Names, for the Sum contained in their r [...]ctive Mortgage;VideAct 173 [...] each Bond to contain one tenth Part of the S m contained in the Mortgage, and one of said tenth Parts to be [...] annually, for ten Years, commencing as aforesaid, until [...] w [...]ole of the said Bank be paid: And in and upon any Per­s [...]n [...] discharging and taking up any of said Bonds, the Sum or Sums by him or them paid, shall by one or more of said Grand [...], be endorsed upon the back of such Person's Mortgage,Sums paid to be endorsed. until the whole be paid; and when the same shall be effected, by a [...] Payment of the whole Sum, then every such Mortgage Deed shall be discharged, by an Entry to be made in the M [...]gin of [...]he Record, where such Mortgage Deed is registred, by the Town Clerk of each respective Town.

AND it is further Ordered, That the Grand Committee, or Colony Trustees, for their Trouble in receiving said Money, to be p [...]id in as aforesa [...]d,Committee' [...] [...]. shall take of the Person's paying in the same, Ten Shillings for every One Hundred Pounds, and propor­tionably for a greater or lesser Sum.

MOREOVER, It is hereby Enacted by the Authority aforesaid, That all the Bonds given for the Payment of the Interest of the aforesaid old Bank Money, be cancelled, and hereby rendered Void, excepting the two first Bonds, given for the Payment of the two first Years Interest, after the Date of the respective Mort­gages, which Bond shall be held good and paid; and each Person having of said Money as aforesaid, shall give one other Bond for the Security of the Payment of the full Interest of said Money one Year more, as this Act above expresseth the same to be.

AND whereas the General Assembly of this Colony, at their last Sessions, passed a Vote for the sinking and dissolving the first Forty Thousand Pound Bank, emitted by this Government, which this General Assembly have formed into an Act, and regulated for the Effecting thereof: And at this Iuncture, there being so great a Scarci [...] and Want of a proper Medium of Exchange, that [Page 106] not only Trade and Commerce, which are the Nerves and Power of the Gover [...]ent, begin in a sensible Manner to decline, stagnate and decay; but the publick [...]ffairs of this Colony, of the greatest Importance, and t [...]ose Things whereon de [...]end our Peace and Safety, for want of a proper and [...]uf [...]cient Medium of Exchange, cannot be put in proper Ord [...]r and Regulation; Fort Ann requiring a considerable Sum for the Finishing th [...]r [...]of, and Ammunition Stores, and other Things n [...]cessary, a [...]e much wanted, especially at this Iuncture, when the Peace of Europe hath been so long disturbed by an obstinate and powerful Enemy, which must be expected to affect us in these remote Parts of the World, except God s [...]all please to crown his present Majesty's wise Endeavours with Success: And that such a Medium of Exchange may run through thi [...] Government, at this present Time, (which portends Difficulty and Trouble) and that the Inhabitants of this Government may subsist, and preserve, in some Measure their former Station and Commerce; and that those Thing s already begun, for the Defence of our [...]elves and the neighbouring Gove [...]nments, may be carried on speedily, and fully perfected, so that we who live in the Face and Front of the Conti­nent of New-England, may be above the Fear of any Attack from our Enemies, and in a Capacity to live peaceably and undisturbed.

BE IT ENACTED by the General Assembly of this Co­lony, and by the Authority thereof it is hereby Enacted, That the Sum of Forty Thousand Pounds in Bills of publick Credit,Forty Thousand Pounds [...]it­ted. of the same Tenor with those which have been already put forth by this Government, be forthwith impressed [...]nd made upon the Plates heretofore used by this Colony, and put into the Hands of the six present Trustees of the Colony, called the Grand Com­mittee; which said Trustees or any three of them, have hereby full Power given and granted them, to sign all the afores [...]id Bills, and to order and regulate the Making of them, of such Denomi­nations as shall to them seem most convenient for the Use afore­said, not exceeding the aforesaid Sum. And the s [...]id Trustees are hereby autho [...]ized to make any further or other Devise in the Escutcheon, or other Part of said Bills, as they judge advant [...]geous for the Preventing said Bills from being counterfeited, and s [...]id Committee shall provide all Materials necessary for the M [...]king the same.

AND be it further Enacted by the Authority [...]f [...]res [...]id, That when and as soon as the said Forty Thousand Pounds is made and finished,And d [...]liver [...]d to the pr [...]sent [...]. then the said Bills shall be delivered to the present Trustees, for the respective Towns in the Government, in such Manner and Proportion as the last Forty Thousand Pound Bank was distributed, said Grand Committee tak­ing a Receipt for the same. And the said Bills shall be let out by [Page 107] the several Committees of the respective Towns, to the Inhabitant [...] of the Colony, primarily, that have not heretofore had any Money of the Colony, upon Loan, or Land Security, in the same Way and M [...]nner as the last Bank emitted of Forty Thousand Pounds was regulated and let out, both for Interest and Security, for the Princip [...]l, but for the Term of Thirteen Years; and the Regu­lation of the Sum [...], shall be the same as the last Bank, that is▪ no Person [...]o have above Three Hundred Pounds, or under Twenty Five Pounds, and those O [...]ders and Rules in Part, more fully laid down in the former Acts for letting out Money, are strictly en­join [...].

AND be it further E [...]acted by the Authority aforesaid, [...] the [...]foresaid Commi [...]tees of the several Towns,None to be let in any Persons who hired any of t [...]e [...]ormer [...]ills, until the Expi [...]ion of Three Months. shall not le [...] ou [...] [...]ny of the said Bills of publick Credit to any Person that [...] a [...]y of the former Bills, for the Space of three Months [...] they receive the same: But if after the Expiration of said Term, [...]ny shall remain unhired to such Persons that have not had of he Colony' [...] Money before, then said Committee shall and m [...]y [...]i [...]e out the same to any Person in their respective Towns, on go [...]d Securi [...]y, as aforesaid, or return the same to the aforesaid [...] C [...]mittee, who shall discharge them therefrom.

AND it is further Ordered, That Mr. Samuel Vernon be by the Grand Committee impowred to impress said Bils.

An ACT for Recording of Fines and Common Recoveries.

FOR the appeasing of Suits, the avoiding of false Pr [...]cti [...]s▪ Deceits, Devices and Misdemeanours, and for helping of Negligences, Mistakes, and Misprision of Clerks and Officers, dangerous of Men's Lands and Hereditaments.

BE IT EANACTED by the General Assembly, and by the Authority of the same, That every Writ of Covenant, and other Writ whereupon any Fi [...]e heretofore hath been levied, or hereaf [...]er sh [...]ll be levied, the Return thereof,W [...]itt [...], &c. [...] to be [...] ­corded the Writ of De­dimus Potestatem, made for the Acknowledging of any of the said Fines, the Return thereof, the Concord Note, and Foot of every such Fine, the Proclamations made thereupon, and the King's Silver, and also every Original Writ of Entry in the Post, or other Writ whereupon any common Recovery hath been suffered, o [...] hereafter shall be suffered or passed, the Writ of Summons Ad Warrantizandum, and every Warrant of Attorney, had or to be had, as well of every D [...]mandant and Tenant, as Vouchee, [Page 108] Extant and Remaining, or that shall be Extant and in Being, may upon the Request or Election of any Person, be Recorded by such Person, and for such Conderations as hereafter in this Act shall be mentioned; And that the Recording the same, or any Part thereof, shall be of as good Force and Validity in the Law, to all Intents, Respects and Purposes, for so much of any of them so recorded, as the same being Extant and Remaining were or ought by Law to be.

No Fine, &c. to be reve [...]sa­ble. AND be it further Enacted by the Authority aforesaid, That no Fine, Proclamation upon Fines, or common Recovery, heretofore had, levied, suffered, or passed, shall be reversable by any Writ of Error, for any Rasu [...]e, Inte [...]li [...]ing, Misentring of any Warrant of Attorney, or of any Proclamations, Misreturning, or not Returning of the Sheriff, or other Want of Form in Words, or for that the Process and Proceedings thereupon is in English and not in Latin, nor for any o [...]her Matter or Cause, that is not Matter of Substance.

AND be it further Enacted by the Authority aforesaid, That there shall be forever one Office for the Recording the said Fines and Recoveries aforesaid,Justices of the Cour [...] of Try­als to have the Care of the Records. which shall be and continue an Office forever, called, The Office for Recording Writs for Fines and Recoveries; And that the Justices of the General Court of Tryals, for the Time being, shall have and take the Care and Direction of the Records aforesaid, and the Nomination and Ap­pointment of such Officer as they shall think proper for the Exe­cution thereof; who for his Charge and Pai [...]s, and Travel therein, shall have and take for the Recording of every Fine, and the Parts thereof aforementioned, and for the Recording the said Parts of every Recovery, and the Ex [...]mination thereof, and for every Exemplification of the En [...]olm [...]n [...], or Recording of any Fine or Recovery, and for the Ex [...]mplification of every Writ of Entry, Summons, and Warrantizands, and Warrants, and for the Search of the Rolls and Records of one Year, and for the Copy of one Sheet of Paper, containing fourteen Lines, according as are allowed, taxed, and settled, in the Court of Common Pleas in Great-Britain, at the same Discount as the other Officers con­cerning Docking of Esta tes Tail, have or shall be allowed.

AND it is also further Enacted by the Authority aforesaid, That the Forms and Proceedings in Docking Estates Tail, used in the General Courts of Tryals, shall be as good and authentick in the Docking of Estates Tail within thi [...] Government, as the Methods, Forms and Customs used in Great-Britain, &c.

[Page 109]

LAWS, Made and pass'd by the General Assembly of His Majesty's Co­lony of Rhode-Island, and Providence-Plantations, Held at Newport, by Adjournment, the Third Tuesday of Iune, 1728.

An ACT for the Preservation of Deer in this Colony.

WHEREAS many Persons yearly kill and destroy Deer at un [...]easonable Times, when the Skins and the Flesh are of little or no Value, which may be of great Prejudice to the Colony, and hinder their Increase.

For the Preventing whereof for the Future,

BE it Enacted by the General Assembly, and by the Authority of the same, Penalty for de­stroying Deer a unseasonabl [...] Times. That no Person or Persons whatsoever within this Colony, shall from and after the first Day of Ianuary next, until the last Day of Iune in the Year 1729, and between the first Day of Ianuary and last Day of Iune annually forever, hereafter kill and destroy any Deer or Fawn, by himself, Child, Servant, or Dogs, on the Penalty of forfeiting Six Pounds for every Deer or Fawn so killed or destroyed, upon Conviction thereof before any one or more Assistant or Justice of the Peace for such Town where such Offence shall be committed, the one Half to the Informer, and the other Half to and for the Use of the Town; to be levied by a Warrant of Distress from such Assistant or Justice, directed to a Constable of said Town. And any Person being found with the Skin, Meat or Horns green, the same shall be sufficient to convict him of killing the same, unless he can prove that he had it of some Person else, who shall be under the same Restriction.

AND it is further Enacted by this Assembly, and by the Authority of the same, That the Act made in the Fourth Year of the Reign of Queen ANNE, entitled, An Act for the Preser­vation of Deer in this Colony, be, and it is hereby repealed, and made Null and Void for the future.

[Page 110]

An ACT for preventing Pedlers from selling of Goods in this Colony.

WHEREAS Trade hath been greatly hurt by Hawkers, Pedlers, and Petty Chapmen, passing to and fro through the Colony, making it their Business to carry Goods, Wares, and Mer­chandize, from House to House, and from Town to Town in this Colony, and there vend and dispose of the same.

For Remedy whereof,

BE IT ENACTED by the General Assembly, and by the Authority of the same, That from and after the Publi­cation of this Act, no Hawker, Pedler, or other Trading Person or Persons, going from Town to Town, or from House to House, and travelling ei [...]her on Foot or with any Horse,Pedlers not to [...]ell Goods from Town to Town, on th [...] Penalty of Fo [...] ­f [...]lting all such Goods. Horses, or otherwise carrying to sell, or exposing to sale either in any House, or in any Market, or other publick Place in any Town in this Government, whereof such Person or Persons is not an I [...]habi­tant, any Goods, Wares or Merchandize, sh [...]ll be permitted or suffered wi [...]hin this Colony, on pain of Forfeiting all such Goods, Wares, and Merchandize, by him or them exposed to sale, or so conveyed or transported as aforesaid; One Third Part thereof to and for the Use of the Colony; One Third Part thereof to and for the Use of the [...]oor of such Town where such Off [...]nce is committed, and the other third Part thereof to him or them that shall inform against, and prosecute such Offender or Offen­ders for the same, to be recovered by Bill, Plaint or Information, in his Majesty's General Court of Tryals in this Government. And every such Offender convicted as aforesaid, shall further incur the Penalty of Forty Shillings, to be recovered in manner as aforesaid.

AND be it further Enacted by the Authority aforesaid, That any Assistant, or Iustice of the Peace in this Colony, shall and may,Offenders to be bou [...]d over to the Court of [...]ryals, or committed to G [...]al. upon View, Complaint or Information to him made of any such Breach or Offence, summon, or otherwise cause to come before him, and bind over such Offender or Offenders to the next General Court of Tryals held in this Colony: And for want of sufficient Surety, shall and may commit such Offender or Offenders to the common Goal, to answer to such Complaint as shall then and there be exhibited against him or them; and shall also secure all such Goods, Wares and Merchandize, until such Trial.

[Page 111]AND all Iustices, Town Serjeants, Constables, Officer's D [...]t [...]. and all other Officers, are hereby strictly enjoined and required, to exert their utmost Vigour and Power, to see that this Law be put in Exe­cution.

PROVIDED, That this Act shall not extend unto, or be p [...]t in Force against any Person or Persons, transporting from one Town to another, or from any other Government into thi [...] Colony, any manner of thing whatsoever, grown, raised or [...]nufactured in thi [...] Government, or any of the Neighbouring Governm [...]s on this Continent.

An ACT f [...]r Regulating the Payment in of the Forty Thousand Pounds, emitted by this Colony in the Year 1721; and also for Regulating the Payment in of the Forty Thousand Pounds emitted in May last.

WHEREAS an Act hath been passed, regulating the Calling in and Sinking the first Bank [...]mitted by this Government, but the Time of calling in the second Bank not being yet settled and d [...]term [...]ned, and it being upon due Consideration thought just and reasonable, that said second Bank be under the same Regulation as the [...] and for t [...]e Advancement of the Currency, to have the Time of the Calling-in and Sinking the same limited and deter­mined.

BE It Therefore Enacted by the General Assembly, and by the Aut [...]ority of the same it is Enacted, That when the second Forty Thousand Pound Bank, emitted by this Colony, in the Year 1721, shall have been out upon Loan for thirteen Years,The Methods in a former [...]ct r [...]fe [...]r [...]d to, to be obser­ved. from the Time of the first Emitting the same, then the same shall be called in and sunk, in the same Manner, and by the same Me­thod [...], as the first Bank is prescribed to be sunk, by an Act of this Assembly, that is, in ten Year's Time, by sinking the In­t [...]r [...]st, after said Thirteen Years is expired, and by paying in One T [...]nth Part of the Principal annually, as said Act before referred to, more particularly expresseth; and those Methods laid down in said Act referred to, for the facilitating and rendring the Payment of the first Bank easy, shall be the Rule and Standard, in all Re­spect [...], for the Regulation of the aforesaid second Bank: Any former L [...]w to the Contrary hereof notwithstanding.

[Page 112] AND be it further Enacted by this Assembly, That after the Time for which the new Bank of Forty Thousand Pounds, now to be emitted by an Act of this Assembly, is expired, to wit, Thirteen Years, then said Bank shall be sunk, in like manner as is above expressed, without Interest, and in the Calling-in and Sinking, shall be regulated in every Respect as the two former Banks were.

An ACT for stating the Fees for Petitions preferr'd to the General Assembly.

BE IT ENACTED by the General Assembly, and by the Authority thereof, That all Persons petitioning this Assembly, shall pay Ten Shillings for each Petition preferred, before the same be heard;Fee for Petiti­ons. the one Half thereof to be applied to and for the Use of the House of Magistrates, and the other Half to and for the Use of the House of Deputies.

An ACT for the Raising of Two Thousand Pounds, for a speedy Supply for carrying on the Building of Fort ANNE.

BE IT ENACTED by this Assembly, That for the carry­ing on the Building of Fort Ann, there be the Sum of Two Thousand Pounds in Bills of Credit,Two Thousand Pounds [...]mit­ted. impressed and signed by the Trustees of this Colony; and that the same be paid again out of the Interest Money as it shall come in hereafter,

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Newport, by Adjournment, the Third Tuesday of February, 1728.

An ACT relating to the Freeing Molatto & Negro Slav [...]s.

FORASMUCH as great Charge, Trouble and Inconveniencies, have arisen to the Inhabitants of diverse Towns in this Colony, by the manumitting and setting free Molatto and Negro Slaves.

[Page 113] For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, S curity to be giv [...]n fo [...] Mo­latt [...]s and Ne­groes pon th [...]ir b ing made free. That no Mo­latto or Negro Slave shall be hereafter manumitted, discharged, or set free or at Liberty, until sufficient Security be given to the Town Treasurer of the Town or Place where such Persons dwell, in a valu [...]ble Sum, not less than One Hundred Pounds, to secure and indemnify the Town or Place, from all Charge for or about such Molatto or Negro, to be manumitted and set at Liberty, in case he or she by sickness, lameness, or otherwise, be rendred incap [...]ble [...]o support him or herself.

AND no Molatto or Negro hereafter manumitted, shall be deemed or accounted free, for whom Security shall not be given as [...],Or their Free­dom to be vo [...]d but shall be the proper Charge of their respective Masters or Mistresses, in case they should stand in need of Relief and Support, notwithstanding any Manumission, or Instrument of Freedom to them made and given; and shall be liable at all Times to be put forth to service, by the Justices of the Peace or Wardens of the Town.

An ACT for Repe [...]ling an Act made and past in this Colony, in the Fourth and Fifth Years of the Reign of King GEORGE the First, 1718, entitled, an Act for the Distribution and Set­ling Intestate Estates.

FORASMUCH as the aforesaid Act is by Experience found very prejudicial in this Colony, by destroying Inheritances.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same it is Enacted, That the aforesaid Act, entitled, An Act for the Distri­bution and Settling Intestate Estates, be, and it is hereby repealed, made Null and Void, and every Clause thereof shall be repealed and of no Force or Effect for the Future, for the Settling and Distribution of any Intestate Estate that shall hereafter happen to be.

AND it is further Enacted by the Authority aforesaid, That thi present Act shall not be deemed, construed, or extend to be deemed or construed, to alter or defeat any thing that hath been heretofore done or settled, by the Fo [...]e of the Act for Distribution of Intestate Estates, or to hinder the Settlement of any such In­testate [Page 114] Estate, the Owner whereof died Intestate before the R [...] ­pealing of the aforesaid Act; and the Town Council for the Time being, hereafter shall have Power to distribute such Estates, of the Person or Persons dying Intestate before the Repealing of the said Act, notwithstanding the aforesaid Act is repealed.

An ACT for the Amendment of, and in Addition to several Laws, made and past in this Colony, as is herein after ex­pressed.

WHEREAS there is an Act of Assembly of this Colony, made in the 16th Year of the Reign of King Charles the Second, entitled, An Act for the Probate of Wills, and granting of Ad­ministrations, wherein it is Enacted, That the Governor and Council of this Colony, who, as the Supream Court of Probates, are impowered to hear and determine Appeals from the Town Councils, and to give such Judgment thereupon as to them shall appear right and agreeable with Law; and are not impowered by said Act to grant forth Execution, to inforce their Judgments.

Governor and Counci [...] as judg [...] of Pro­bates to grant forth Ex [...]cutions. WHEREFORE it is Enacted by this General Assembly, That the Governor and Council, as Suprerm Ordinary or Judge of Probates, be, and they hereby are fully authorized and impowered to grant forth Execution, to compel and inforce all their Decrees and Judgments by them made and given, on per­sonal Estates, as other Courts in thi [...] Colony are enabled to do.

AND it is also further Enacted, That in further Amend­ment of said Act, the Town Council of each Town are also hereby impowered to give forth Execution, to compel and inforce the Observation and Performance of their Sentence or Judgment, given on Personal Estates, if an Appeal therefrom be no [...] prayed.

WHEREAS there is an Act made and pass'd in this Colony in the tenth Year of the Reign of Queen ANNE, entitled, An Act for quieting of Possessions and avoiding of Suits at Law; and therein is no Provision made for saving the Right of Persons having any Estate in Remainder or Reversion, Expectant, or Depending, in Lands, Tenements, &c. after the End or Determination of an Estate for Years, Life, &c.

For Amendment whereof for the Future,

IT IS ENACTED by the General Assembly, and by the Authority of the same, That neither the aforesaid Act of Assem­bly, [Page 115] nor any thing therein contained, shall extend,Title to be pursued with­in ten Years after Right o [...] Action accrues or be con­strued, or deemed to extend, to bar any Person or Persons, having any Estate in Remainder or Reversion, Expectant or Depending, in any Lands, Tenements or Hereditaments, after the End or Determination of Estate for Years, Life or Lives, such Person or Persons pursuing his, or their Title by due Course of Law, within ten Years after his, her or their Right of Action ac­crues: Any thing contained in the aforesaid Act to the Contrary notwithstanding.

An ACT for punishing Criminal Offences.

BE IT ENACTED by the General Assembly, and by the Authority of the same, No Person to ex [...]rcise any Office, without b [...]ing autho­riz'd. That no Person shall presume to take upon him, or exercise or officiate in any Office or Place of Authority within this Government, without being authorized thereunto: And in case any Person shall presume so to do, and be thereof lawfully convicted, in any Court of Record in this Colony, that then such Offender shall be amerced, acccording to the Discretion of such Court, not exceeding the Sum of Ten Pounds.

AND for that Respect and Obedience that is due from In­feriors to their Superiors.

BE it further Enacted by the Authority aforesaid, None to threa­t [...], &c. any O [...]er in the Execution of his Office. That if any Person shall threaten, assault, strike, abuse, or refuse to obey any General Officer, Justice of the Peace, or Warden, or any other Officer in this Colony, in the Execution of his Office, such Offender or Offenders being duly convicted thereof, be­fore any Judge, or Court of Record within this Colony, shall be amerced, as such Judge or Court of Record shall think fit, according to the Nature of the Offence, not exceeding Ten Pounds.

AND be it further Enacted by the Authority aforesaid, That if any Child or Servant,Punishment for unruly Children and Servants. shall contrary to their Obedience due to their Parents, or Masters, resist or refuse to obey their lawful Commands, they shall be sent to the House of Correction, and there remain, until they have humbled themselves to their Parents or Masters Satisfaction: And if any Children or Servants shall presume to ass [...]ult, or strike their Parents, or Masters, upon Complaint of any such Parent or Master, to any Assistant, Justice of the Peace, or Warden of such Town: Such Child or Ser­vant [Page 116] so offending, shall be whipped, at the Discretion of such Assistant, Justice or Warden, not exceeding Ten Lashes.

AND be it further Enacted by the Authority aforesaid, That whosoever shall be convicted of High Treason, Petit Treason, Wilful Murder or Man-slaughter, shall be punished for such Offence,Punishment for Tre [...]son, Murder, &c. according to the Statute Laws of the Realm of Eng­land; the Benefit of the Clergy reserved where allowable: And shall forfeit his Lands, Goods and Chattels, to the Co­lony, according to his Majesty's Charter, to be disposed of by the Assembly, as they shall think fit; All necessary Charges of Prosecution, Condemnation, and Execution, being first duly deducted.

AND be it further Enacted by the Authority aforesaid, That whosoever shall wilfully and maliciously cut out the Tongues,Punishment for cutting out Tongues, &c. pull out the Eyes, or cut off the Ears, of any Person or Persons within this Colony, he shall be proceeded against, pro­secuted and punished, as by the Statute of the 5th of Hen. IV. Chap. v. is ordained.

AND be it further Enacted by the Authority aforesaid, That Witchcraft is,Witchcraft to be pu [...]ished with Death. and shall be Felony; and whosoever shall be lawfully convicted thereof, shall suffer the Pains of Death.

AND be it further Enacted by the Authority aforesaid, That Burglary is, and shall be Felony; and whosoever shall be law­fully convicted thereof,Burglary to be punished with Death. shall suffer the Pains of Death.

AND be it further Enacted by the Authority aforesaid, That Robbery is, and shall be Felony; and whosoever shall lawfully be convicted thereof,Robbery to be punished with Death. shall suffer the Pains of Death: And upon Complaint made to any Assistant, Justice of the Peace, or War­den of any Town within this Colony, of a Robbery committed therein, he shall forthwith grant forth a Warrant to a Constable of said Town, to make Hue and Cry after such Robber or Rob­bers, for the apprehending and taking of them, and such Pro­ceeding so being made in such Town wherein any Robbery shall be committed, shall not be chargeable for the Moneys, Goods andChattels of the Person so robbed.

AND be it Enacted by the Authority aforesaid, That who­soever shall perpetrate and commit the detestable and abominable Crimes of Sodomy,Sodomy to be punished with Death. or Buggery, and be thereof lawfully con­victed, shall suffer the Pains of Death, as in Cases of Felony, without the Benefit of the Clergy.

[Page 117] AND be it further Enacted by the Authority aforesaid, That whosoever shall steal or purloin any Moneys, Goods, Wares, or Merchandize, and be thereof lawfully convicted,Punishment for Theft. at the General Court of Tryals, (who are hereby fully impowered to have Cog­nizance of the same) shall for the first Offence,Vid: Act 1718. restore to the Owner of such Moneys, Wares, Goods, or Merchandizes so stolen, Twofold, and shall be fined, or whipped, at the Dis­cretion of the Judges of said Court, not exceeding thirty nine Lashes; and upon a second Conviction of such Offence, to re­store Two-fold as aforesaid, to the Owners of such Moneys, Wares, Goods, or Merchandizes so stolen, and Four-fold to the Colony, and be whipped or fined at Discretion, by the Judges of said Court.

AND be it further Enacted by the Authority aforesaid, That if the Person so offending, and convict thereof as aforesaid, shall not have Goods and Chattels sufficient to satisfy and pay the Judg­ment of such Court as aforesaid, That then, and in such Cases,For want of Goods, and Chattels to be sold by the She­riff. the Offender shall be sold by the Sheriff, at the Direction of the Judges of said Court, to satisfy such Judgment as shall be given, as aforesaid.

AND be it further Enacted by the Authority aforesaid, That if any Person shall wrongfully and maliciously spoil, burn, or destroy any Frame prepared for building of either House, Mill,Punishment for several Of­fences. or Barn, or spoil any Cart, or Wood heaped and prepared for Coals, or other Use, or cut out the Tongue, or otherwise Dis­member any Beast being alive, or shall bark Fruit Trees, or pro­cure any of the said Offences to be done, the Person so offending shall pay the Owner thereof treble Damages, with Cost of Court, and pay a Fine to the Use of the Colony, according to the Dis­cretion of the Judges of the Court where such Offender shall be convicted, not exceeding Five Pounds.

AND be it further Enacted by the Authority aforesaid, That if any Officer within this Colony shall exact or extort any more or greater Fees than by Law is stated him,Any Officer extorting un­lawful Fees, to pay Treble Damages. or that under Pre­tence of executing his Office, shall levy any more or greater Sums of Moneys than by any Judgment, Execution, Order or Decree, he is ordered or allowed to do, and be thereof lawfully con­victed, he shall forfeit to the Party agrieved, treble Damages, which shall be (according to the Damage received) recovered by the Party, before any Court, or Judge of Record, by Action of Trespas upon the Case.

AND be it Enacted by the Authority aforesaid, That whoso­ever shall Violate their Marriage Contract, by being guilty of the [Page 118] vile Sin of Adultery,Adultery to be punished with Whipping o [...] Fining. and be thereof duly convict before the Jud­ges of the General Court of Tryals, and General Goal Delivery, who shall have Cognizance of the same, shall be whipped, not exceeding Thirty-nine S [...]ripes, or fined at the Discretion of s [...]id Judges, not exceeding Ten Pounds.

AND be it further Enacted by the Authority aforesaid, That whosoever shall commit Fo [...]nication,Fornication to be punish'd with Whip­ping, or a Fine of F [...]rty Shil­lings. and be thereof lawfully convicted, before any two Assistants, Justices of the Peace, or Wardens of the Town where such Fact sh [...]ll be committed, who are hereby impowered to have Cogniz [...]nce thereof, shall be publickly whipped in s [...]id Town where such F [...]ct sh [...]ll be committed, wi [...]h Ten Stripes and no more, or pay a Fine of Forty S [...]illings into the Town Treasury, to and for the Use of the Poor of such Town.

AND be it further Enacted by the Authority aforesaid, That all Persons that shall be l [...]wfully convicted of a Riot,Punishment for Rioting. shall suffer Twelve Mon [...]h's Impris [...]nment, or p [...]y a Fine of Ten Pounds to the Use of the Colony.

AND be it Enacted by the Authority aforesaid, That any Assistant,Punishment for Br [...]ach of Peace. Justice of the Peace, or W [...]rden in this Colony, up­on Convicting any Person or Persons before him, for Breach of the Peac [...], by S [...]riking, &c. shall and may Fine such Of­fender or Off [...]nders at Discretion, not exceeding Twenty Shil­lings, or bind them over to the General Court of Tryals, with two sufficient Sureties, where they shall be fined as the Nature of the Offence may require; such Fine to be for the Use of the Poor of such Town where such Offence shall be com­mitted.

AND be it further Enacted by the Authority aforesaid, That in all Cases of Assault and Battery,Assault and Battery. the Person ass [...]ulted or battered shall have an Action of Trespass at the Common Law, against the Persons committing such Assault or Battery, and shall reco­ver his Damages received thereby.

AND be it further Enacted by the Authority aforesaid, That if any Person happen to be killed by Carts going over him, or by a Horse's kicking of him,Horses, Neat Cattle, &c upon [...]hei [...] kil­ling an [...] Per­son, to be for­feited. or by any sort of Neat Cattle goring him, or kicking him, or by any other such-like Accident; that then, the Coroner of such Town where such casual Death shall happen to be, shall with an Inquest of twelve lawful Men, enquire into the Means of the Death of such Person; and on the Coroner's Return, that such Person was killed by any of the aforesaid Ac­cidents, &c. then the Coroner with his said Inquest upon Oath, [Page 119] shall apprize the Value of such Cart, Horse, or Neat Beast, &c. which shall be forfeited as a Deodand, and given to the Over­see [...]s of the Poor of such Town where such Casualty shall h [...]ppen.

AND be it further Enacted by the Authority aforesaid, Fraudulent Bonds, &c. to be do [...]m'd void. That all Bonds, Bills, Deeds of Sale, Gifts, Grants, or other Conveyances or Obligations whatsoever, that shall be made by any Person, with In [...]ent to defraud or deceive others, or defeat such Person or Persons Creditors of their just Debts and Dues, sh [...]ll be Null, Void, and of none Effect; and the Party injured or agri [...]ved thereby shall recover his double Damages, together with Cost of Suit.

AND be it further Enacted by the Authority aforesaid, Punishment for Conspira­cy, &c. Th [...]t in case any Person or Persons shall be lawfully convicted of Conspiracy, according to th [...] Statute of the 23d of EDWARD the [...]irst, en [...]itled, A Definiti [...] of Conspirators, or shall be con­victed of Champerty; he or they that shall be so convicted, shall suffer one Year's Imprisonment, and make Fine to the Colony, as the Judges of the Court where such Person or Persons convic [...]ed shall award;Remedy for P [...]rsons agri [...] ­v [...]d. and the Party agrieved shall have his Remedy, and recover his Damages, by an Action [...] Trespass on the Case.

PROVIDED always, Provi [...]. That this Act shall not extend to any Person or Persons who honestly, and without any unjust Des [...]gn, shall assist with Moneys or otherwise, such Person or Persons as are not of Estate or Ability sufficient to carry on a Suit in Law, for the Recovery of their just Right and Estate.

AND be it further Enacted by the Authority aforesaid, That in case any Person or Persons, being impannelled and sworn upon a Jury, shall take any Reward to bring in a Verdict;Pu [...]ishment f [...]r [...] givi [...]g, a [...]d Jurors [...] a Reward. or in case any Person shall embrace a Juror so to do, the Parties both giving and receiving such Reward, being thereof duly Attaint, in any Court of Record, according to the Statute of the 20th of EDWARD the Third, Chap. 12th, shall pay Five Times the Value of such Rew [...]rd, One Hal [...] to the Use of the Colony, and the [...]her H [...]lf to such Informer as shall sue for the same; and on De­f [...]l [...] of Payment shall be imprisoned one Year.

AND be it further Enacted by the Authority aforesaid, That if any Person shall forge, raze, embezel, or take away any Record, W [...]it, Return, or Process belonging to such Record, or any Part of the same, by Reason whereof Judgment shall be reversed;Punishment [...] Forgery, &c. or shall forge any Deed, Obligation, Acquittance or Record, or shall wilfully and designedly make false Entry of Pleas, or alter Ver­dicts, [Page 120] or shall be Procuring, or Confederating, or Abetting, such Doings, such Person or Persons being thereof duly convicted, shall be imprisoned and grievously fined, according to the Discretion of the Judges of such Court, where such Person or Persons shall be convicted: And such Person or Person [...], as shall be agri [...]ved thereby, shall have Remedy by Action, to recover his or th [...]ir Damages.

AND be it further Enacted by the Authority aforesaid, That any Person whosoever that shall contract and agree with any Ser­vant, for One Year's Service, or more or less Time, shall not put away his or her said Servant,Punishment for [...]utting away Servants without Cause before the Time agreed on be ex­pired, unless upon good and sufficient Cause, made appear before one or more Assistant, Justice of the Peace or Warden of said Town, where said Master or Mistress dwells. And if any Ma­ster or Mistress of any Servant or Servants, shall put away any such Servant, before the Time agreed be expired, he or she so doing, without a sufficient Discharge from one or more Assi­stant, Justice of the Peace, or Warden of said Town, shall forfeit to such Servant agrieved, Forty Shillings in Money to be recovered before any two Assistants, Justices of the Peace, or Wardens of such Town.

AND be it further Enacted by the Authority aforesaid, That no Servant hired as aforesaid, for any Term of Time, shall depart from the Service of his said Master or Mistress,No Servant to l [...]ve his Ser­vices wit [...]ou [...] suff [...]cient Cau [...] under the H [...]d of one or more Assistant, &c. until such Time of Service agreed on between them be fully ended, with­out some justifiable Cause, which shall be allowed of under the Hand of one or more Assistant, Justice of the Peace or Warden of said Town, where his Master or Mistress shall dwell; and if any Servant shall depart from his said Master and Mistress's Ser­vice (before his Term of Time of Service agreed on, be fully ended) without Licence first had or obtained from one or more Assistant, Justice of the Peace or Warden of said Town as afore­said, shall for his or her Offence, upon due Proof thereof before any one or more Assistant, Justice of the Peace or Warden of said Town, be committed to Prison, there to remain until he or she so doing, find sufficient Surety to perform his or her Contract, as agreed on.

AND be it further Enacted by the Authority aforesaid, That whosoever shall wittingly or knowingly retain any such hired Servant as aforesaid,Punishment for retaining Servants. that is not lawfully discharged as aforesaid, shall for every such Offence, forfeit to the Person agrieved there­by Five Pounds, to be recovered at any Court of Record by Action of the Case.

[Page 121] AND be it further Enacted by the Authority aforesaid, That no Artificer or Handicrafts-man,No Artificer to leave his Work till [...]i­nish'd. that shall agree or contract with any Person, for the Performing of any Piece or Parcel of Work, relating to his or their several Occupations, or shall agree to work for any certain Time, shall depart from his or their Work before the same be finished.

AND that if any Artificer or Handicrafts-man upon any Contract with any Person, for the Performing any Work as aforesaid, shall depart and leave his said Work before finished,On the Penalty of Five Pounds. without the Leave or Assent of his Employer, he shall forfeit to the Person agrieved thereby, Five Pounds, to be recovered in any Court of Record within this Colony, by Action of the Case.

AND be it further Enacted by the Authority aforesaid, That any Assistant, Justice of the Peace, or Warden, shall and may upon lawfully convicting of any Person or Persons of being drunk,Punishment for D [...]unken­ness. either by one sufficient Evidence, or by his own Knowledge thereof, Fine such Person so Offending, Five Shillings for the first Offence (to be paid in [...]o the Town Treasury of such Town where such Offence shall be committed) or cause the Offender to be set in the S [...]ocks, at the Discretion of such Assistant, Justice, or War­den, not exceeding Th [...]ee Ho [...]rs: And upon a second Convic­ti [...]n of the like Offence, such Person shall pay as a Fine, Ten Shil­lings to and for the Use aforesaid.

PROVIDED always, Provi [...]o. That such Complaint be made within Ten Days after such Offence be committed.

AND be it further Enacted by the Authority aforesaid, That whosoever shall prophanely swear or curse,Punishment for prophane Swe [...]ing and Cursing. within the Hearing of any Assistant, Justice of the Peace, or Warden, or be thereof con­victed, either by his own Confession, or by the Evidence of Two Witn [...]sses upon Oath or Egagement, before any one Assistant, Ju­stice of the Peace, or Warden, shall for every such Oath or Curse, be fined Five Shillings, to and for the Use of the Poor of such Town where the Offence shall be committed, or be set in the Stocks at [...]he Discretion of such Assistant, Justice, or Warden, not exceeding Three Hours.

PROVIDED always, That every Offence against the Law,Provi [...]o. be complained of within Ten Days after such Offence be committed.

[Page 122]

An ACT directing the Proceedings against Forceable Entry and Detainer.

BE IT ENACTED by the General Assembly, and by the Authority of the same, That in any Town in the Co­lony, where a forceable Entry or Detainer of Lands, or Houses, shall happen to be committed or done,Upon Com­plaint of [...] and F [...]tty and [...] a Jury of Inquest. by any Person or Persons, whatsoever, upon Complaint or Information thereof given by the Party agrieved, to any Two or more Assist [...]nts, Justices of the Peace or Wardens of the Town where such House or Land lies, the said Assistants, Justices or Wardens, shall issue out their Warrant to the Sheriff of the Colony, or his Depu­ty, requiring him in the King's Name to impanel a Jury of Inquest, of Twenty Four good and lawful Men of the Neigh­bourhood, to come before them, to make Enquiry upon Oath or Engagement concerning the same: And in case the said Jury shall find the Bill or Complaint against such Person or Persons complained of, that then such Assistants, Justices or Wardens, shall cause such Force to be removed, and restore to the Person or Persons complaining, peaceable Possession of the same.

PROVIDED always, That such Complaint or Infor­mation appears to be made within three Years after such Force­able Entry and Detainer be committed,Pro [...]is [...]. and not after.

AND be it Enacted by the Authority aforesaid, That the Assistants,Penalty for refusing to Aid the Assistants Justices of the Peace, and Wardens, in case of any Resistance made in the due Performing their Duties, by this Act required, about Forceable Entries or Detainers may com­mand the Assistance of any of His Majesty's Subjects of this Colony, who are required to Aid them therein, on the Penalty of Twenty Shillings to each Person that shall refuse so to do; to be recovered by Suit or Information before any one Assistant, Justice, of the Peace, or Warden of this Colony.

AND the said Fine of Twenty Shillings so recovered, shall be paid into the Town Treasury, for the Use of the Town, where such Forceable Entry and Detainer shall be committed.

AND it is further Enacted by the Authority aforesaid, That in case the Jury of Inquest,Upon the Jury's not [...]ndin [...] the Bill▪ the Person Complaining to pay Co [...]s. on Inquiry as aforesaid, shall not find the said Bill or Complaint against the Person or Persons complained of as aforesaid, that then the Person or Persons complaining, shall be condemned by the said Assistants Justi­ces or Wardens, to pay the Costs of Courts, as is usual in other Cases.

[Page 123] AND be it further Enacted by the Authority aforesaid, That if the Sheriff or his Deputy, to whom such Assistants,Sheriff to exe­cute h s War­rant, on the Penalty of Twenty Pounds. Justices, or Wardens, Warrant is delivered, doth not duly execute the same; he shall forfeit the Sum of Twenty Pounds, lawful Money, to be recovered by Bill, Information, Suit or Complaint, in any Court of Record, within this Co­lony.

An ACT for the Relief of poor Prisoners, that are not able to find Bail upon mean Process.

WHEREAS it often happens, that poor Persons for want of Bail, are committed to Goal upon mean Process, and after Iudgment made up against them, the Plaintiff neglects to take out Execution against them, upon the Account of saving Six Pence a Day, which by Law they are obliged to pay, after Execution granted.

For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly of this Co­lony, and by the Authority of the same it is Enacted, That where any Person shall be committed to Prison in any Action upon mean Process for want of Bail,Execution to be taken [...] within one Month after the Rising of the Court. in case the Party at whose Su [...] the Action is commen [...] ed, shall obtain Judgment against such Prisoner in said Action, and shall Neglect to take out and deliver to the Sheriff of this Colony, an Execution on the said Judgment, within the Space of one Month after the End of the Court where said Judgment shall be obtained, that then and in such Case, it shall and may be lawful for the said Sheriff to discharge the said Prisoner from his said Impri­sonment, &c.

An ACT Enabling the Town Council of each Town to grant Licences for the Retailing Strong Liquors, and to prevent the Selling of such Liquors by Retail, without Licence first obtained.

BE IT ENACTED by the General Assembly, and by the Authority thereof, Town Coun­c [...]ls impower'd to grant Licen­ces. That the Town Council of each re­spective Town in this Colony, shall have the sole Power of Grant­ing Licences for the keeping Taverns and Ale-Houses, and Retailing Wines, and all other Strong Liquors within their se­veral Towns, and shall take for each License Discretionally, not [Page 124] exceeding Fifteen Pounds for one Licence; which Money sh [...]ll be paid into the Town Treasury where such Licence is granted, for the Def [...]aying the publick Charge of the Town.

AND be it further Enacted by the Authority aforesaid, That if any Person or Persons, sh [...]ll sell, or suffer to be sold, by their Wives, Children, or [...], any Wine, Rum, or other Strong Liquors whatsoever,None to sell Strong Liquo [...] in any less Quantity than a Gal [...]on, on the P [...]nalty of Four Pounds. by Retail, in any less Quantity than a Gal­lon, without a Licence first obtained from the Town Coun­cil, where such Person dwells, and be thereof lawfully con­victed before any one Assist [...]nt, Justice of the Peace, or Warden, of any such Town where such Offence shall be committed, either by his or her Confession, or by good Evidence, he or they shall for every such Offence, forfeit the Sum of Four Pounds, one H [...]l [...] [...]hereof to the Informer, and the other H [...]lf to the Use of the Poor of the Town where the Offence is com­mitted; which Fine shall be recovered by a Warrant of Distress, at any Time wi [...]hin One Year after the Fact is committed, and not after.

AND be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any Assistant, Justice of the Peace, or Warden, to sum [...]on and convent before him, any Person or Persons he shall think fit,Assistants, &c. to sum [...]on E­vidence. to give Evidence against any Person that shall sell by retail as aforesaid, any Strong Liquors, without Li­cence, and to cause such Person or Person [...] to give their solemn Oath or Engagement thereto: And such Persons who shall refuse so to do, when thereunto required, to commit to His Majesty's Goal in Newport, until he or they purge themselves by Oath or Engagement.

AND be it further Enacted by the Authority aforesaid, That if any Person shall think himself agrieved at the Sen [...]ence or Judg­ment of any Assistant,Persons agrie­ved a lowed an Appeal. Justice of the Peace, or Warden, in any Matter or Thing founded upon this Law, it shall and may be lawful for such Person to appeal to the next General Court of Tryals, he or she paying Cost, and giving in Bond to prosecute such Appeal to such Court, and complying with the Rules pre­scribed, in Appeals had from Justices Courts to the General Court of Tryals in civil Causes.

AND be it further Enacted by the Authority aforesaid, That all Persons keeping Taverns or Ale-Houses,Tavern-Keep­ers to give Bond. shall give such Bonds or Recognizances to the Town Council, granting them Licence, as such Council shall think proper, for their Maintain­ing good Order, and keeping regular Houses.

[Page 125] AND be it further Enacted by the Authority aforesaid, That it shall [...]nd may be lawful for the Town Council of each Town,Town Council [...] withd aw Licences from diso [...]derly Houses. upon any Persons being convicted of keeping a disor­d [...]rly or irregular Tavern or Ale-House, contrary to the Bonds or Recognizance by him given, immediately to withdraw such Lic [...]nce, and further prosecute such Persons for their Of­fences.

An ACT directing how Water-Fences shall be made and maintained.

BE IT ENACTED by the General Assembly of this Co­lony, and by the Authority of the same it is Enacted, Wat [...]r-Fences how main­tain'd. That where any Persons Land join together on the Water, and is under Improvement, the Possessors thereof shall equally make and main­tain a sufficien [...] Water-Fence between them, such as the Fence-Viewers sh [...]ll deem sufficient for the Preventing Cattle, Horses, &c. trespassing upon one another's Ground. And if any Person shall refuse so to do,To be such as the Fence-Viewers shall deem sufficient he shall be obliged thereto in the same Way and Manner, as Persons refusing to make and maintain Partition Fences on their Lands, are obliged to do by the Laws of this Colony.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Newport, the Third Monday of Iune, 1729.

An ACT for Regulating the Proceedings of Town Meetings, in each Town in this Colony.

WHEREAS there has been great Disturbance in Town Meetings within this Colony, which has arisen from the Mo­derator's refusing to put such Proposals to vote, as have been offered or presented by a Number of Freemen there met. And forasmuch as all Controversies in Town Meetings, relating to Town Affairs, ought to be decided by a Majority of Voices.

[Page 126] Therefore,

BE IT ENACTED by the General Assembly, and by the Authority thereof it is Enacted, That for the Future, to prevent further Trouble,Moderator to [...] Town [...] when [...] S [...]v [...]n Fr [...]-Men. every Moderator in this Colony, when legally chosen in Town Meetings, after having heard the Freemen's Allegations respecting the Business of the Town, and being called upon by Seven Freemen to put any particular Part of the Town's Business to Vote, shall forthwith grant the same, upon the Penalty of being suspended from the Office of Moderator (and pay a Fine of Forty Shillings, V [...]de Act 1742. to be recovered by the Town Clerk for the Use of the Town where such Meeting is held) and another Moderator forthwith chosen in his Room.

AND be it further Enacted, That no Vote be past in any Town Meeting, concerning Money in the Treasury, disposing of Land,B [...]sin [...]ss rela­tin [...] to Mon [...], Land, &c. t [...] be [...] in the Warrant. or making a Rate, unless it be mentioned in the Warrant given out to warn the Freemen to said Meeting; and that the Town Clerk of each respective Town in this Colony, be the Per­son appointed to give out such Warrants, unless where the Law prescribes otherwise.

An ACT Impowering the Town Council of each respective Town, to prevent Disorderly Indian Dances.

WHEREAS it is very common in this Colony, and especially in Westerly and South-Kingston, for Indians to make Dan­ces, which has been found, by Experience, to be very prejudicial to the adjacent Inhabitants, by their excessive Drinking, and Fight­ing, and Wounding each other; and many Servants are enticed to out-stay their Time at such Dances, and then run away from their Masters.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same it is Enacted and Declared, That the Town Councils of each Town in this Colony, have full Power to make such Laws and Orders, for the better regula­ting of such Indian Dances in their respective Towns, as they shall think needful and necessary; and to Fine all such Persons, either English, Indians, or others, that shall sell or give any Strong Liquors at any such Dances, not exceeding Forty Shillings.

[Page 127]

An ACT for Preventing of Strangers coming into this Co­lony, from any Parts whatsoever by Sea, excepting Great-Britain, Ireland, Iersey, and Guernsey, from being Charge­able to any Town in this Colony whereunto they shall come.

BE IT ENACTED by the General Assembly, of this Colony, and by the Authority of the same it is Enacted, That all Masters of Vessels that shall import and bring into this Colony, any Persons or Passengers whatsoever,Bond to be gi­ven by Masters of Vessels [...] in Strangers. into any Town in this Colony (except from Great-Britain, Ireland, Iersey, and Guernsey) shall give an Account of all such Persons or Passengers, by him so imported, to the Naval Officer of this Colony for the time being, and give in Bond to the said Naval Officer, in the Sum of Fifty Pounds for each Person by him im­ported, that such Person shall not become Chargeable to such Town wherein they shall be landed: And the said Naval Officer shall be paid by such Master, Five Shillings for such Bond. Any Law, Custom, or Usage to the Contrary hereof notwithstanding.

An ACT Enabling the Town Councils of each Town in this Colony, to make Laws in each of their respective Jurisdictions, for the Regulating the keeping of Dogs.

WHEREAS there is great Damage often done, by Dogs killing of Sheep and Lambs, and other small Cattle in this Colony.

For the Preventing whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That the Town Councils of each Town in this Colony, be,Town Coun­cil's [...], to be Binding. and they are hereby fully authorized and impowered, to make and ordain such Laws, Orders and Determinations, as shall be necessity and suitable for their respective Towns, for the preventing Dogs doing Damage, in Flocks, or otherwise, and to determine who shall keep Dogs, and how, and in what Manner the same shall be kept. And such Laws, Orders and Determinations, shall be good and binding; and whosoever shall break or go contrary to the same, and be lawfully convicted thereof, shall be fined, at the Discretion of the Town Council of such Town where such Offence shall be committed, not exceeding Forty Shillings.

[Page 128]

An ACT for the Dividing the Colony of Rhode-Island and Providence-Plantations into Three Counties, and Ascertaining the Bounds and Limits of each of said Counties.

WHEREAS the Number of Inhabitants in this Colony is much increased, and the Bounds thereof are so extensive, that that Part thereof called the Main-Land, especially the more remote Inhabitants, are put to great Trouble and Difficulty in Prosecuting their Affairs, in the common Course of Iustice, as the Courts are now established.

Therefore,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, The Colony divided into Three Coun­ties. That this Colony shall be divided into three distinct and separate Counties (whereof the whole Colony shall consist) in the following Manner.

THE Towns of Newport, Portsmouth, Iames-Town, New-shoreham, The County of Newport. and the rest of the Islands adjacent, heretofore within the Jurisdiction of either of said Towns, shall be constituted, and are hereby made one County, and shall be known by the Name of the County of Newport; and Newport shall be the County Town.

THE Towns of Providence, Warwick, and East-Green­wich, and all such Places within the Jurisdiction of said Towns,The County of Providence. shall be constituted, and are hereby made one other County, and shall be known by the Name of the County of Providence; and the Town of Providence shall be the County Town.

THE Towns of South Kingston, North Kingston and We­sterly, and all Places within the Bounds of either of said Towns, shall be constituted,King's County. and are hereby made one other County, and shall be known by the Name of King's County; and South Kingstown shall be the County Town.

[Page 129]

An ACT for the Establishing of Courts of General Sessions of the Peace, and Ascertaining the Times and Places for the Holding of the same.

BE IT ENACTED by the General Assembly of the Colony aforesaid, and by the Authority of the same, General Sessi­ons of the Peace appoint­ed. That within each respective County within this Colony, there shall be held and kept yearly, and every Year, at the Times and Places in this Act after mentioned and expressed, a Court of General Sessions of the Peace, by the Justices of the Peace of each County respectively, or any Five of them, who shall be a Quo­rum, and are hereby impowered to hear and determine all manner of Matters and Things, relating to the Conservation of the Peace; And the Punishment of Offenders, and all Pleas of the Crown, (capital Crimes excepted) shall be therein Cogni­zable: And they are impower'd to give Judgment, and award Execution thereupon.

AND be it further Enacted by the Authority aforesaid, That the Times and Places for the Holding said Courts of General Sessions of the Peace,The Times & Places of hold­ing the same. within the respective Counties in this Colony, shall be as followeth; that is to say, For the County of Newport, at Newport, on the last Tuesday of May, and on the third Tuesday of November. For the County of Providence, Vide Act 1741. on the first Tuesday in Iune, and on the second Tuesday in December. And for the County of King's County at South Kingston, on the last Tuesday in Iune, and on the first Tuesday in Ianuary. Vide Act 1738.

AND be it Enacted by the Authority aforesaid, That it shall and may be lawful, for any Person agrieved at the Sentence of the Justices in any Court of General Sessions of the Peace,A [...]peal to the [...] allow'd. to Appeal from such Sentence given as aforesaid, unto the next Superiour Court of Judicature, Court of Assize, and General Goal Delivery, to be held at Newport, as heretofore the General Court of Tryals, and General Goal Delivery, hath been accu­stomed to be holden, where the aforesaid Matter or Thing shall be further considered.

PROVIDED, That such Appeal be prayed at the Time of the Sentence being uttered;Proviso. And the Appellant shall also enter into a Recognizance, with two good and sufficient Sureties, du [...]ing the Sitting of said Court, in such reasonable Sum as the said Ju­stices shall set, for his or her Appearance at the Court appealed to, and Prosecution of such Appeal there with Effect; and to do, [Page 130] abide, and perform what said Court shall Enjoin, Order or Sen­tence thereon, and to be of good Behaviour in the mean time: And the Party Appealing shall remain in Custody until Security is given as aforesaid; and the Officer shall not take above Six Pence per Hour for Attending.

PROVIDED ALSO, That every such Person Appeal­ing,Proviso. do file Reasons of Appeal in the Clerk's Office of the Court appealed unto, seven Days before the Sitting of said Court; and also at his own Cost, shall bring to said Court a Copy of the whole Case attested: And the Appellant shall pay the like Fees at the said Court appealed to, as in Appeals in civil Causes.

Vide Act 1742. AND be it further Enacted by the Authority aforesaid, That each respective Town in the Counties aforesaid, shall choose Jurors for said Court,Jurors to b [...] chosen [...] [...]e seve [...]al Towns. at their Town or Quarter Meeting, next preceeding the Sitting of said Courts. And the Town Clerk of each respective Town, sh [...]ll return the Names of such Jurors to the Clerks of the respective Courts: And the Town Serjeant of each Town, shall warn said Jurors to appear, and be allowed for the same Twelv [...] Pence per Juror by said Town. And if [...]ny of said Jurors be chall [...]nged, or other­wise there be not a sufficient Number of good and lawful Men, to make up the Jury or Juries, to serve at any of said Courts, then in such Case, the said Jury or Juries shall be filled up De talibus Circumstantibus, to be returned by the Sheriff or his Deputy.

AND be it further Enacted by the Authority aforesaid, That it shall and may be lawful,Persons sen­tenced by Justi­ces for any Criminal O­ffence to be al­low'd an Ap­peal. for any Person sentenced for any Criminal Offence, by any one or more Justice of the Peace out of Sessions, to appeal from such Sentence, unto the next Court of General Sessions of the Peace, to be held within the same County, every such Appellant recognizing with Sureties, in a reasonable Sum, for his Appearance at the Court appealed to, and for the Prosecuting his Appeal there with Effect, and to abide the Order and Sentence of said Court thereon, which shall be final, and in the mean time to be of good Behaviour: And every such Appellant shall be held at the same Rules, and observe the same Measures for the bringing forward said Appeal, as was herein before laid down, for the Prosecuting an Appeal from the said Court of General Sessions of the Peace, to the Superiour Court of Judicature, Court of Assize, and General Goal Delivery, and shall pay the like Fee for entering and in all other Respects.

[Page 131]

An ACT for Establishing Inferior Courts of common Pleas, in the several Counties of this Colony.

BE IT ENACTED by the General Assembly, and by the Authority thereof, That there shall be holden and kept in [...]ch respective County in said Colony, Yearly, and every Year,Inferior Court of Common Pleas appointed. a [...] the respective Times and Places in this Act after mentioned and express [...]d, an Inferiour Court of Common Pleas, by Four judicious and skilful Persons,Vide Act 1737. to be appointed and commissionated a [...] Justices of the said Court, in each County, and any three of whom shall be a Quorum for holding of said Court, who shall have Cognizance of all Civil Actions arising or hap­peni [...]g wi [...]hin such County, Tryable at the common Law, of what Nature, Kind, or Quality soever. And said Judges are hereby impowered to give Judgment therein and award Execution thereon.

AND be it further Enacted by the Authority aforesaid, That the Times and Places for the holding and keeping said Infe­riour Courts of common Pleas, within the aforesaid several and respective Counties shall be as followeth, that is to say, For the County of Newport, at Newport, Times & Places for said Courts appointed. on the last Tues­day in May, and on the third Tuesday in November. For the County of Providence at Providence, Vide Act 1741. on the first Tuesday in Iune, and on the second Tuesday in December. Vide Act 173 [...]. For the County of King's-County, at South Kingston, on the last Tuesday in Iune, and on the first Tuesday in Ianuary, and so Yearly, and every Year.

AND be it further Enacted by the Authority aforesaid, That all Writs and Processes, for the bringing any Cause or Suit to Tryal, in any of the said Inferiour Courts,Writs to be is­sued out of the Clerk's Office. shall issue out of the Clerk's Office of such Court in His Majesty's Name, under the Seal of the said Court, to be signed by the Clerk, and directed to the Sheriff of said County, or to his lawful Deputy. And if such Process shall be against the Sheriff, then the same shall be directed to the Town Serjeant of such Town where the Sheriff dwelleth, who is hereby impowered to serve the same.Except when the Clerk is Plaintiff or Defendant. And where the Clerk of any of the said Inferiour Courts, shall be Plaintiff or Defendant in any Suit, the Writ or Process shall have its Sanction from one of the Judges of said Court.

[Page 132] AND be it further Enacted by the Authority aforesaid, That all Original Writs and Processes, issued out as [...]foresaid, shall be served twenty Days before the D [...]y of the Sitting of such Court,Writs to be s [...]rved Twenty Days; D [...]cla­ratio [...] Twelve Da [...]s, a [...]d the [...] [...]ix Days [...]efore the Court. from whence issued and are returnable: And the Plaintiff shall declare thereon, and file his Declaration in the Clerk's Office of said Court, Twelve D [...]ys [...]fore the Sitting of such Court: And the Defendant shall file his Plea or Answer Six Days before the Si [...]ting of said Court, with the aforesaid Clerk; or else the Plaintiff may enter wi [...]h said Clerk a Nihil Dicit, and Judgment shall go against the Defendant for Default.

AND be it further Enacted by the Authority aforesaid, That no Action not exceeding Forty Shil [...]ings, V [...]e Act. sh ll be brought into any of the aforesaid Inferior Courts of Common Pleas, unless where any Man's Freehold is concerned, or by Way of Appeal from any Justices Court.Vide Act Feb. [...]29.

AND be it further Enacted by the Authority aforesaid, That each respective Town wi hin the Coun [...]ies aforesaid, shall at the Quarter Meeting p [...]eceeding the aforesaid Inferior Courts of Common Pleas,Each Town to choose Jurors. respectively take care to choose and elect so many good and lawful Jurors, to serve at such Court, as shall be by the General Assembly ordered; which Jurors, when cho­sen as aforesaid, shall be by the Clerk of each Town wherein chosen, returned to the Clerk of such Court whereto chosen by Name,Vide Act 1742. and shall be by the Town Serjeant of each Town where chosen, warned accordingly. And if by Reason of Challenge or otherwise, there do not appear a sufficient Number of good and lawful Men to make up the Jury or J [...]ries, in any of said Infe­rior Courts, in such Case the said Jury or Juries shall be filled up De talibus circumstantibus, to be returned by the Sheriff or his Deputy.

AND be it further Enacted by the Authority aforesaid, That there shall be holden at Newport, within and for said Colony, two Superior Courts of Judicature, Courts of Assize, and Ge­neral Goal Delivery,S [...]perior Court to be held at Newport. for the Tryal of all Causes, Matters, and Things, both Civil and Criminal; the one Superior Court of Judicature, Court of Assize, and General Goal Delivery, on the last Tuesday of March, Annually, and the other on the first Tuesday of September; which said Court shall be composed and consist of the Governor, Deputy Governor, and Assistants of this Colony, of which the Governor, or in his Absence, the Deputy [Page 133] Governor, and three Assistants, shall be a Quorum, and in case of the Absence of both the Governor and Deputy Governor, then any Five of the Assistants to be a Quorum, who shall have Cog­nizance of all Pleas, real, personal, and mixt, as also Pleas of the Crown, and Causes criminal, and Matters relating to the Con­servation of the Peace, and Punishment of Offenders, and gene­rally of all other Matters, as fully and amply, to all Intents and Purposes whatsoever, as the Court of Common Pleas, King's Bench, or Exchequer, in His Majesty's Kingdom of England, have or ought to have, and are impowered to give Judgment therein, and to award Execution thereon, and make such ne­c [...]ssary Rules of Practice, as the Judges shall from time to time see needful: But no Cause, Matter or Thing, (Writs of Error, Fines, and common Recoveries, capital Crimes, and such Causes where the King is concerned only excepted) shall be brought in [...]o said Court by any Original Writ or Process, but by Appe [...]ls had from the aforesaid Inferior Courts of Common Pleas, in the Counties aforesaid: Any Law or Usage to the Contrary notwithstanding.

AND be it further Enacted by the Authority aforesaid, That it shall be at the Liberty of either Plaintiff or Defendant, who shall think themselves agrieved at any Judgment of any Inferior Court of Common Pleas within this Colony,Liberty of Ap­p [...]l to the Su­perior Court. to appeal to the next Superior Court of Judicature, Court of Assize, and General Goal Delivery, where the Party agrieved shall have a Hearing of said Case, provided he shall file his Reason [...] of Appeal in the Clerk's Office of said Court, Fourteen Days before the Sitting of said Court appealed to, and shall bring the whole Attested Copy of the said Case, taken out of the Clerk's Office of the Court appealed from: And shall within Five Days after the Rising of such Court appealed from, give Bond to the Clerk of said Court, to prosecute such Appeal with Effect, or in Default pay Costs. And the Judgment and Determination of said Superior Court, shall be a final Issue and Determination of all Causes there tryed, excepting only, and saving an Appeal to the General Assembly in all Personal Actions,Vide Act 1741. and from thence to the King in Council, where the Matter in Controversy will admit thereof, and an Appeal directly to the King in Council in all Causes not Cognizable before said Assembly, that by Law will admit the same.

AND be it Enacted by the Authority aforesaid, That there shall be appointed and chosen by the General Assembly of this Colony,Jud [...]s and Cl [...]rks to be appointed by t [...]e Gene [...]al A [...]sembly. four skilful Persons in each County in the Co­lony, for Judges of the Inferiour Courts of Common Pleas [Page 134] therein holden (who shall be commissioned by the Governor for the Discharge of said Office) and one Clerk in each In­ferior Court of Common Pleas, which said Judges and Clerks shall sustain their Offices Quamdiu se bene gesserint. Vi [...] Ac [...] 1 [...]33. And there shall be annually appointed and chosen by the General Assembly aforesaid, one Sheriff to each respective County.

An ACT for the Regulation of sundry Proceedings in the several Courts within this Colony.

WHEREAS it hath been adjudged most conducive to the Ease of the Inhabitants of this Colony, and to the speedy Attaining of Iustice, to erect Inferiour Courts of Common Pleas in the several Counties within [...]he same.

For the better Regulating and Settling the Proceedings whereof, and also of the Courts of Justices, the Town Coun­cil, &c.

BE IT ENACTED by the General Assembly of this Co­lony, and by the Authority of the same, That no Person shall, at one and the same Time, be either a Judge, or a Clerk of any of the Inferiour Courts of Common Pleas within this Colony,What P [...]rsons are [...] [...]or Judges a [...]d Clerks of t [...]e Infe [...]io [...] C [...]urt [...] and sustain the Office of an Assistant, or any other Place whereby he is created a Judge of the Superior Court of Ju­dicature, Court of Assize, and General Goal Delivery, where Appeals are brought from said Inferiour Courts: Nor shall any Person sit as a Judge in any of said Inferiour Courts of Common Pleas, or in the Courts of General Sessions of the Peace in any Case wherein he has before given Judgment as a Justice of the Peace.

AND be it Enacted by the Authority aforesaid, That both the Judges [...] the Superior and Inferior Courts aforesaid, in en­tering up judg [...]nt upon any Bond, [...] Power to chan­c [...] Ins [...]ru [...]n [...] or other Specialties. condi­tioned for the Payment of Money, shall have Power to chancer down such Instru [...]nt to the just Damages.

Vi [...]e Act 17 [...]. AND [...] Enacted by the Authority aforesaid, That all tran­sitory Action [...] may be brought forward and tryed at any of the Inferior Cou [...]s in this Colony, [...] [...]ny Inf [...]ri [...]r Cou [...]t in the [...]. at the Election of the Party suing, [...]nd the Writs issued forth from any of said Courts shall run throughout this Colony, to be directed to the Sheriff of the County where the Defendant lives, or is sued.

[Page 135] AND be it Enacted by the Authority aforesaid, No Ex [...]cut [...] to [...] obtain [...]d in an [...] [...] un­til [...] Day [...] af [...]er Rising. That no Execution shall be granted forth out of the Superior Court of Judicature, Court of Assize, and General Goal Delivery, or any of the Inferior Courts of Common Pleas in this Colony, on any Judgment obtained therein, until Eight Days after the Rising of such Court; and that every such Execution be returnable to the next succeeding Court that granted the same.

AND be i [...] [...]urther Enacted by the Authority aforesaid, New [...] allow'd i [...] an Appeal. That in any Appeal from the Judgment of one or more Justice of the Peace in this Colony, to any of said Inferior Courts of Com­mon Pleas, or Courts of General Sessions of the Peace, or from any of said Inferior Courts to the Superior Courts, both Appellant and Appellee shall have the Benefit of any further or new Evidence relating to the Case.

AND be it further Enacted by the Authority aforesaid, That if any Person who is not a Freeholder, and an Inhabitant in the Colony,Attorney to [...] of Writs, in [...] those [...] are not Freehold­ers. shall commence an Action in any of said Inferior Courts of Common Pleas, that then the Attorney to such Person being a Freeholder, shall sign the Back-side of the Writ with his Christian and Sir-Name, which shall oblige him to pay Cost in case the Plaintiff is Cast, Non Suit, or Discont [...]ues his Action, as tho' Bond had been given in the Clerk's Office, and the Clerk shall have Two Shillings for the same, as tho' Bond were given.

AND be it further Enacted by the Authority aforesaid, That in any Case commenced at any o f the aforesaid Inferior Courts of Common Pleas,In cas [...] of Pl [...]as [...] & [...] [...] to th [...] Superi [...]r Court. and where there are offered Pleas of Abate­ment, Pleas in Bar, or Demurrer, relating to said Action, it shall be in the Power of either Plaintiff or Defendant, who is dissatisfied with the Judgment thereon given, to reserve the same to the Superior Court, for a further and final Judgment concerning the same: And in like Manner from a Justices Court to said Inferior Court of Common Pleas.

AND be it further Enacted by the Authority aforesaid, That no Person that is a Member of the General Council whereto Appeals are brought from the Town Council, shall at any Time hereafter have any Voice in any of the Town Coun­cils in this Colony: Any Law, Usage or Custom to the con­trary, notwithstanding.

[Page 136] AND be it further Enacted by the Authority aforesaid, That the Justices of the Superior Court of Judicature, Court of Assize, and General Goal Delivery,Superior Court to amend mi­staken Reasons of Appeal. at their respective Sessions are here­by allowed, and impowered, in all Cases coming before them by way of Appeal from any Inferior Court, or Sessions of the Peace in this Colony, upon the Appellant's paying reasonable Costs to be taxed by said Court, to order an Amendment of such defective or mistaken Reasons of Appeal as shall be brought be­fore them, and to proceed to Tryal as though no such Error had been committed.

AND be it further Enacted by the Authority aforesaid, That the Justices of the Inferior Courts of Common Pleas, and Courts of General Sessions of the Peace,InferiorCourts to do the same in the several Coun­ties within this Colony, shall, and hereby have the same Power granted to them, in case of any Lapse or Mistake in Reasons of Appeal, from the Sentence or Judgment of any of his Ma­jesty's Justices of the Peace that shall come before the said Courts: Any Law, Usage, or Custom, to the Contrary not­withstanding.

AND be it further Enacted by the Authority aforesaid, That when and so often as it shall happen the Superior Court of Judicature, Court of Assize, and General Goal Delivery, or the Inferior Court of Common Pleas in any of the respective Counties within this Colony, cannot be held and kept on the Day by Law prefixed for the Holding of the same, by reason of Death or Sickness befalling any of the Justices of such Court, or an providential, necessary, and unavoidable Let or Hindrance of their Attendance,The s [...]veral Courts to be adjourn'd on urg [...]nt Occa­sions. it shall and may be lawful to and for any one of the Justices of such Court, respectively by Wri [...] under his Hand and Seal, directed unto the Sheriff of the County, therein inserting the Occasion thereof, to adjourn the said Court unto a further Day, as in the said Writ shall be expressed, at as little distance of Time as possibly may be from the Day whereon by Law the Court should have sat, that so Justice be not de­ferred or delayed: And the Sheriff upon Receipt of the said Writ, shall cause Publication to be made of the same, at the usual Place of the said Court's Sitting, and some other of the most publick Places within the same County; and also to cause a Signification of such Adjournment, and the Time unto which it is made, to be posted up at or near the House or Place where the said Court uses to sit, and other publick Places as aforesaid, to the Intent that unnecessary Travel, Charge and Attendance of all Persons concerned, may be prevented: And the Sheriff is to return such Writ with his Doings thereon, into the Clerk's Office of such Court: And all Pleas, Writs, Actions, Suits, Plaints, [Page 137] Process, Precepts, Recognizances, and other Thing and Things whatsoever returnable, or having Day or Days in the said Court, shall stand, abide and continue unto the said Adjourn­ment, and b [...] h [...]ld, deemed▪ and adjudged, to be as good, effec­tual and av [...]il [...]ble in L [...]w, to all Intents, Constructions, and Purposes, as if such Court had been held and kept on the Day by L [...]w for holding of the same, and no Adjournment thereofhad been ma [...]e.

AND be it further Enacted by the Authority aforesaid, That every Grand and Petit Juryman chosen as aforesaid,Jurym [...]n to be e [...]gag'd. before his acting as such, shall take each his respective Engagement fol­lowing.

YOU A. B. being of the Grand Inquest on the Behalf of our Sovereign Lord the King, do hereby Promise and Engage to make a true Return to this Court, of all such Bills as shall be pre­sented to you, or such Breakers of Law, as shall come to your Knowledge. And this Engagement you make and give, upon the Peril of the Penalty of Perjury.

YOU A. B. being of this Iury of Tryals, shall well and truly try the Issue of this Case, and all Cases that shall be com­mitted unto you from this Court, between the Parties, Plaintiff and Defendant, according to Law and Evidence, and to keep to­gether until you agree of a Verdict in the Case o [...] Cases commit­ted to you, and make true Return of the Verdict or Verdicts unto this Court, and to keep your Own and Fellows Secrets. And this Engagement you make and give, upon the Peril of the Penalty of Perjury.

YOU A. B. being of this Iury of Tryals, shall well and truly try, and true Deliverance make, between our Sovereign Lord the King and the Prisoner at the Bar, according to Law and Evi­dence, and to keep together until you are agreed of a Verdict or Verdicts in the Case or Cases that shall be committed to you from this Court, and to keep your Own and Fellows Secrets. And this Engagement you make and give upon the Peril of the Penalty of Perjury.

[Page 138] AND be it further Enacted by the Authority aforesaid, That no General Officer of this Government, during his conti­nuing such,General Offi­cers to be sum­mon'd. shall be arrested or attached, either in Body or Goods, in any civil Case, upon mean Process; And that in all civil Cases that any Person may have against a General Officer, upon mean Process it shall be by Summons, and no otherwise. And all Writs of Arrest or Attachments upon mean Process, that shall be granted forth contrary hereunto, shall be Null and Void in Law, and the Defendant shall have his Costs and Da­mages accruing thereon.

AND be it further Enacted by the Authority aforesaid, That there be fo [...]thwith erected in each respective County, one County Court-House, Court-House and Goal to be erected in each County. and one County-Goal, where one is already erected, meet and convenient for the Holding of Courts, and Security of Prisoners; the Charge whereof to be defrayed and paid out of the General Treasury.

AND be it further Enacted by the Authority aforesaid, That on the first Wednesday of May annually, there shall be cho­sen and elected one Secretary for the Colony,Secretary to be Clerk of the Superior Court who shall be Clerk of the Superiour Court of Iudicature, Court of Assize, and General Goal Delivery within the same.

AND be it further Enacted by the Authority aforesaid, That if the Clerk of the Superior, or of any of the Inferior Courts for the Time being, shall be absent at any time from any Court or Courts of Judicature, (either by Sickness or other Occasions) where he is ordered or appointed to attend: that then and in such Cases, it shall and may be lawful for the Iudges of such Court to appoint another Person to officiate in his or their Room and Stead, during such Absence.

AND be it further Enacted by the Authority aforesaid, That all Writs of Error, Fines, and common Recoveries, brought for­ward or suffered within this Colony, shall be heard, tryed, pas­sed, suffered, and adjudged, at the Superior Court of Judicature, Court of Assize, and General Goal Delivery, who shall have Cognizance thereof.

AND this Form of a Writ of Arrest, shall be used in all the Counties of this Colony.

[Page 139]
ss. [...] GEORGE the Second by the Grace of GOD, of Great-Britain, France, and Ireland, KING, Defender of the Faith, &c.
To the Sheriff of our County of [...] or to his Deputy, Greeting.

WE Command You to arrest the Body [...] of (if [...] may be found in your Precinct) and for want of [...] Body, to Attach [...] Goods and Chattels, and [...] or them in safe Custody keep, until [...] give sufficient Bond, returnable according to Law, to answer the Complaint of [...] at the next Inferior Court of Common Pleas, to be holden at [...] within and for our said County of [...] on the [...] Tuesday of [...] next ensuing the Date hereof, in an Action of [...]

As by Declaration to be filed in Court will be fully set forth [...] To the Damage of the Plaintiff [...] Pounds, Current Money of New-England. Hereof fail not, and make true Return of this Writ, with your Doings thereon. Witness [...] Esq at [...] this [...] Day of [...] in the [...] Year of our Reign, Anno (que) Domini, 172 [...]

An ACT for the Establishing and Regulating of Fees.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, That the Establishment of the Fees of the several Officers in this Colony, shall be as followeth, viz.

[Page 140]
Fees for Probate of Wills, &c.
 £.s.d.
FOR the Probate of Wills, where the Inven­tory exceeds One Hundred Pounds, Six Shil­lings.000600
For every Hundred Pounds, above One Hundred Pounds, Two Shillings, [...]o the Town Council.   
For Probate of Inven [...]ory, where no Will ap­pears, and where the Inventory exceeds not One Hundred Pounds, Six Shillings.000600
If above, for every Hundred Pound more, Two Shillings to the Town Council.   
Clerk's Fees.
 £.s.d.
FOR Entring a Caveat against the Probate of a Will, or granting of Administration.000100
For taking Bond, and granting Administration under the Seal of the Town Council.000400
For Registring a Will or Inventory, not exceed­ing one Page.000106
If above one Page, for every Page, Twenty Five Lines in a Page.000100
For a Copy of Ditto from the Record, if not above one Page.000106
If above one Page, for every Page, Twenty Five Lines in a Page.000100
For every Citation and Summons.000006
For Bond and granting Licence, under the Town Council Seal.000500
For Bond of every Person that comes to dwell in the Town.000100
To the Town Serjeant or Constable, for serving every Summons or Citation, if not above a Mile from home.000100
If above a Mile from home, for every Mile, Three Pence.   

AND the Town Clerk shall have and take the same Fees, as the Clerk of the Council, for Recording of Instruments, and granting Copies of the same.

[Page 141]

Secretary's Fees.
FOR Engrosing the Acts or Laws of the Gene­ral Assembly, Ten Shillings each, to be paid out of the General Treasury.001000
For every Commission for the Justices of each County, Ten Shillings, to be paid out of the General Treasury.001000
For every Commission for a Military Officer, Three Shillings, to be paid out of the General Treasury.000300
For a special Warrant or Mittimus, by Order of the Governor and Council, Two Shillings and Six Pence.000206
For every Commission under the Colony Seal, for Places of Profit, Ten Shillings.001000
For every Bond.000200
For every Order of Council, to the Benefit of particular Persons, Two Shillings and Six-pence.000206
For every Petition to the Governor and Council, or General Assembly.000300
For transcribing the Acts or Laws, passed by the General Assembly, into a Book, Twelve-pence a Page, each Page to contain Twenty Five Lines, and Eight Words in a Line, and so pro­portionably, to be paid out of the General Treasury.   
For a [...]tending the General Assembly and Superior Court of Judicature, Court of Assize, and Ge­neral Goal Delivery, and General Council, Ten Shillings per Diem, to be paid out of the Ge­neral Treasury.   
For fixing the Colony Seal to any Commission or other Writing.£.s.d.
000500
For Entering a Protest in Court.000100

In t [...]e Superior Court.

Iustices Fees.
FOR Entry of every Action for Tryal.001500
Out of which to the Clerk.000206
For taking every special Bail.000200
For allowing of a Writ of Error.000300
For allowing a Habeas Corpus000200
For confessing Judgment.000200
For acknowledging Satisfaction of a Judgment on Record.000100
In all criminal Cases, where a Fine is set.000600
For Taxing every Bill of Cost.000100

Clerk's Fees.
FOR filing Reasons of Appeal.000100
For a Copy of Ditto, not exceeding on [...] P [...]ge.000106
If above one Page, for every Page above, Twen [...]y Five Lines in a Page.000100
For filing an Answer.000100
For a Copy of Ditto, not exceeding one Page.000106
If above one Page, for the first Page.000106
For every Page above one.000100
For every Action call'd.000100
For a Copy of Record, not exceeding one Page.000106
If above one Page, for the first Page,000106
For every Page above one.000100
For a Scire Facias and Seal.000206
For Recording Judgment and Verdict.000208
For Entring up Judgment upon Default.000108
For a Writ of Execution.000500
For a Distringas,000106
For Acquittal of Felony, or Suspicion thereof000200
For Entring a Rule of Court.000108
For every Bond taken.000200
For Entring Traverse upon Indictment.000108
For filing an Inventory of Goods taken by Exe­cution.000100
For Entring an Order of Court for Reference to Auditors.000108
For every Person summon'd.000006
For filing every Return in Court.000100
For every Evidence read in Court.000006
For withdrawing an Action.000100
For the Discharge of any Person upon Bail, to the Peace, &c.000200
For every Petition read in Court.000100
For Order thereon.000100
For Examining Bills of Cost.000100
For searching of Records, One Shilling, and if above one Hour, for every Hour above one, Twelve Pence.   
[Page 143]

In the Inferior Court.

Iustices Fees.
FOR Entry of every Action.001200
Of which the Clerk is to have.000200
For taking special Bail.000200
Confessing Judgment.000100
Of which the Clerk one Quarter.   
For acknowledging Satisfaction of Judgment on Record.000100
For Taxing every Bill of Cost.000100

Clerk's Fees.
FOR every Writ and Seal.000106
For Entring Appearance.000006
For Entring Judgment and Verdict, &c.000208
For Copies of Records, the same as in the Superior Court.   
For every Action withdrawn or Non-suit.000100
For every Execution.000306
For every Return to Court.000008
For filing every Declaration.000100
For Copy thereof, not exceeding one Page,000106
If above one Page, for the first Page, One Shilling and Six Pence, and every Page above one.000100
For filing every Plea.000100
For a Copy thereof, not exceeding one Page.000106
If above one Page, for the first.000106
And every Page above one.000100
For filing Reasons of Appeal.000100
For Copy of Ditto, not exceeding one Page.000106
If above one Page, the first000106
And every Page above one,000100
For filing an Answer to Reasons of Appeal.000100
For Copying the same, as for Reasons of Appeal.   
For every Action call'd in Court.000100
For Entring Nihil Dicit.000100
For Scire Facias and Se [...].000200
For a Di [...]tri [...]g [...] [...]00100
For Entring a Rule of Court.000108
For Bond in the Clerk's Office.000200
For filing an Inventory of Goods taken by Exe­cution.000100
For Entring an Order of Court for Reference to Auditors.000108
For every Person summon'd.000104
For every Evidence read in Court.000004
For wi [...]hdr [...]wing an Action.000100
For attending the Court, Five Shillings per Day.   
For searching of Records, One Shilling, and if above an Hour, Twelve Pence for each Hour.   

Clerk of the Sessions of Peace, his Fees.
FOR Entring Complaint or Indictment.000200
For Discharge of a Recognizance.000100
For making forth Process against Criminals.000106
For every Summons.000004
For every Warrant for the Peace of good Beha­viour.000106
For Acquittal of Felony, or Suspicion thereof.000100
For Searc [...]ng of Records, One Shilling, and for every Hour above one, Twelve Pence.   

Sheriff's Fees.
FOR Serving a Writ; not above a Mile from home, (if above one Mile, Two Pence for­ward, and Two Pence backward.)000200
For attending a Prisoner, before imprison'd, by the Day, Two Shillings and Six Pence.000206
For a Copy of a Writ.000106
For attending the Court by the Day.000600
To Attendance in every Action.000100
For Discharge of any Person upon Bail, to the Peace.000100
For every Evidence read in Court.000004
For Bail Bond in civil Actions.000002
For Bond to the Peace of good Behaviour.000400
For Serving Execution, if not exceeding Ten Pounds, One, Shilling and Six Pence per Pound.   
If above Ten Pounds, and not exceeding Fifty Pounds, Twelve Pence per Pound.   
If above Fifty Pounds, and not exceeding One Hundr [...]d Pounds, Nine Pence per Pound.   
If above One Hundred Pounds, and not exceeding Two Hundred Pounds, Six-pence per Pound.   
If above Two Hundred Pounds, and not exceeding T [...]ree Hundred Po [...]nds, Four-pence per Pound.   
For all Executions above Three Hundred Pounds. Two-pence per Pound.   
For all Executions served out of the Town where the Sheriff lives, Two-pence per Pound, back­ward and forward.   
For turning the Key on every Prisoner committed.000304
For Discharge of every Person upon Bail to the King.000200

Attorney General's Fees.
FOR every Bill of Indictment drawn and found by the Grand Jury030000
For every Ditto drawn and past to the Court, if not found by the Grand Jury.000500
For every Criminal executed to Death.020000
For Discharge of every Person upon Bond to the Peace.001000
For every Days Attendance in the Court.000600

Other Fees allow'd in Court.
FOR Attorneys and Council's Fees.001500
For Drawing a Bill of Cost.000100
For every [...] discharged from Bail to the King, to the Serjeant.000106
For every Evidence attending the Court by the Day.000200
For every Action call'd by the Serjeant.000100
For every Days Attendance by the Serjeant.000500
For the Jury paid down by the Plaintiff.010400
For Power of Attorney, and Probate of the same.000400
For Travel of every Plaintiff and Defendant reco­vering Cost, Two Pence per Mile to the Court, and the same back again.   
For every Witness summoned, the same.   
[Page 146]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, Held at Warwick, the last Wednesday of October, 1729.

An ACT Stating the General Treasurer's Salary, and for taking Security, &c.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, That the Person who shall be the General Treasurer, shall give in Bond to the Recorder of this Colony, and to his Successors, in the [...]um of Twenty Thousand Pounds, for the faithful Execution of his Office, and the Trust reposed in him; and that all succeeding General Treasurers that shall from time to time be elected and chosen,General Tr [...] ­surer to gi [...] Bond. give in such Bond to the General Recorder for the Time being, for the Use of the Colony, as the General Assembly shall think necessary;Vide Act 1731. and that the Salary of the General Treasurer be One Hundred Pounds per Annum, and so in Proportion for a lesser Time; and that the former Act for the Treasurer's Allow­ance, be, and it is hereby repealed.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, Held at Newport, the last Tuesday of February, 1729.

An ACT for stating and proportioning each Town's Quota of Iurymen, to be sent to the Inferior Courts of Common Pleas, &c. in the several Counties in this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That each Town in this Colony, send to each of the Inferior Courts of Common Pleas, and General S [...]ssions of the Peace, in [Page 147] their respective Counties, the following Number of Jurymen,Num [...]r of [...]ra [...]d & [...] J [...]ror [...], to [...] se [...]t [...]rom [...] Town. viz. Newport, the Number of Nine Grand Jurors, and Eight Petit Jurors; Portsm [...]uth, Three Grand Jurors, and three Petit Jurors; Iames-Town, One Grand Juror, and one Petit Juror;Vide Act 173 [...] 173 [...] 1741 1742 1743 Providence, Eight Grand Jurors, and seven Petit Jurors; War­wick, Three Grand Jurors, and three Petit Jurors; East-Green­wich, Two Grand Jurors, and two Petit Jurors; Westerly, Five Grand Jurors, and four Petit Jurors; North-Kingstown, Four Grand Jurors, and four Petit Jurors; and South-Kingstown, Four Grand Jurors, and four Petit Jurors.

An ACT in Addition to an Act made and past by the General Assembly, sitting by Adjournment the Third Monday in Iune, 1729, entituled, An Act for the Establishing Inferior Courts of Common Pleas in the several Counties of this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, On an Appeal to the In [...]rior Court, the Judg [...]ent to be f [...]nal. That in all Appeals from Justices Courts, to the Inferior Courts of Common Pleas, the Judgments of the said Inferior Courts of Common Pleas thereupon, shall be final.

AND be it further Enacted by the Authority aforesaid, That each and every Person who shall be chosen a Juror, to serve in any of the Inferior Courts of Common Pleas in this Colony,J [...]rors Fine for Neglect. and sh [...]ll refuse or neglect to serve therein, shall be fined the Sum of Thirty Shillings, Vide Act 1742. to be taken and recovered in manner as here­tofore has been accustomed, upon the Neglect of Jurors in the General Court of Tryals.

An ACT directing the Admitting of Freemen in the several Towns in this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same it is Enacted, Who are to be admitted Free­men. That no Person whatsoever, shall be admitted a Freeman of any Town in this Colony, unless the Person admitted be a Freeholder of [Page 148] Lands, Tenements, or Hereditaments, in such Town where he shall be admitted free, to the Value of Two Hundred Pounds, or Ten Pounds per Annum, or the eldest Son of such a Free-holder.Vide Act 174 [...]. And if it be made appear, that any such Freedom has been obtained, through [...]ny fraudulent Means or Contrivance, such Freedom shall, and is hereby made Void; Any Law, Custom, or Usage to the Contrary hereof in anywise notwithstanding.

An ACT declaring who shall be exempt from serving Iurors, in any Court or Courts of Judicature, Common Ple [...]s, &c. in this Colony.

BE IT ENACTED by the General Assembl [...], and by the Authority of the same it is Enacted, That the Persons following, and no other, shall be exempted from Serving as Jurors in the sever [...] Courts in this Colony; to wit, All that have sustain'd the Post of Members of the General Council, Se­cretary, Who are Ex­empt from serving as Ju­rors. Sheriff, Attorney General, General Treasurer, and those that have been Iustices of the Courts of Common Pleas, all Iustices of the Peace in Commission, and all Military Officers in Commission, also all Persons that are actually Members of any Town Council,Vide Act 1737.Ministers of any Congregation, Practitioners of Physic [...], Apothecaries, Millers, Ferrymen, Constables, Town Ser­jeants, Town Clerks, and Clerks of the Inferior Courts of Com­mon Pleas: Any Law, Custom, or Usage to the Contrary hereof, in anywise notwithstanding.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held at Newport, on the first Wednesday in May, 1730.

An ACT for Settling and Ascertaining the Jurisdiction of the Justices of the Peace throughout this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority thereof, it is Enacted, That the Justices of the Inferior Court of Common Pleas, be created and made Justices of the Peace of the respective Counties to [Page 149] which [...]ey belong, in Criminal Cases, and that they be com­missionated accordingly; and that the Justices of the Peace, [...] of [...] [...]f [...]rior Co [...]rt t [...] be Justi [...] of t [...]e P [...]ace in their re­spective C [...]u [...] ­ties. and Wardens for each Town in this Colony, be chosen and commis­sionated for their respective Towns, in all Matters of a Civil Na­ture, as heretofore; but that their Power in all Criminal Affairs, and for the Preservation of the Peace, &c. extend throughout the County: Any Law, Custom, or Usage, to the Contrary hereof, in [...]nywise notwithstanding.

An ACT asserting the Claim of this Colony to the Jurisdiction the Gore of Land to the Eastward and Northward of Pautucket River.

WHEREAS sundry of the Inhabitants of a Tract of Land that lies between Pautucket River, and the North Line from P [...]tu [...]ket F [...]lls, to the South Line of the Massachusetts Bay, ha­ving made Application to this Government at sundry Times, and in divers Manners, that they might be taken into the Iurisdiction thereof, being Part and Parcel of the same; but more especially a [...] the present Sessions of Assembly ha [...]e earnestly insisted upon that Matter, as t [...]eir Right and Privilege, according to the Royal C [...]arter, granted by King CHARLES the Second, Anno Domini, 16 [...]3.

Whereupon this Assembly are moved to take the same into Con [...]ideration, and thereupon do consider the Premisses in the following Manner.

First, That upon—Application formerly made by the Petiti­oners, this Government asserted their Right, by Virtue of said Charter, to the Jurisdiction of that Part of the Government.

Secondly, That upon a further Prayer made at the Sessions of Assembly held the last Wednesday of October, Anno Domini 1729, the said Assembly addressed the Government of the Massachusetts to appoint a Committee to meet ours, appointed for the Ascer­taining the Boundaries between the two Governments. And altho' the Honourable Council of the Province pass'd a Vote for coming into those Measures, yet the Honourable House of Re­presentatives non-concurred therewith.

AND the Petitioners still repeating their Prayers and Peti­tions to the Assembly of this Colony, at their Sessions in February last, they made a farther Address to the Government of the Mas­sachusetts, desiring them to join with us in so necessary a Work, by appointing a Committee as aforesaid▪ which Matter was to [Page 150] be entred upon by our Committee on the last Tuesday of April last, who had Power to join with a Committee of the Govern­ment of the Massachusetts, in Case they appeared for that Purpose, otherwise to proceed to run the Line in that Part of our Govern­ment, according to o [...]r Charter, which they, viz. our said Com­mittee accordingly did, and have made Report thereof to this As­sembly, wherein and whereby we find, that the Petitioners, with divers other P sons thereabouts, are within the Jurisdiction of this Governmen, according to the plain and express Boundaries and Circumscrip [...]ion in our said Charter.

UPON which Considerations, This Assembly do declare all that Part of [...]he Land [...] p [...]ss [...]ss [...]d by the Peti [...]ioners, and others within the Line lately run by our Commissi [...]ners aforesaid, [...] Claim ass [...]rt [...]d. to be, and they are hereby decl [...]red to be within the Jurisdiction of this Colony, and for the Fu [...]ure sh [...]ll be within [...]he Jurisdiction of the Town of Providence, for that the same is Part and Parcel of he Lands contained in our said Charter.

An ACT for the Relief of poor Sailors and their Families.

WHEREAS it manifestly appears, by long Experience had, that great Expence and Charge hath arisen to the Town of Newport, by poor Sailors, being taken sick, wounded, or lame, and dying; and at the same Time leaving, or having little or nothing to support themselves or Families, under those deplorable Circumstances, and often suffer for want of Relief, before the Authority of the Town have Notice thereof: And excessive Charges are often brought against the said Town, by Persons who lodge the said Sailors, in [...]xpectation to be paid accordingly.

For Remedy whereof,

IT IS EAACTED by the Governor and Council, and General Assembly of this Colony, That from and after the Pub­lication of this Act, all Sailors, Mariners and others, that sail out of this Government, in any Ship or other Vessel, the Master only excepted,Six Pence per Month to be deducted out of Sailors Wages. shall allow, and have deducted out of their Wages, at the Rate of Six Pence per Month for each Person, as shall appear to be due by the Master's Portlage Bill, a true Copy whereof the said Master shall deliver in upon Oath to the Naval Officer of this Colony, for the Time being, to [Page 151] whom the said Master of every Ship or other Vessel, that disch [...]rges his Men within the same, shall pay the aforesaid Six Pence per Month, at the Time of his Entring said Vessel, after his Arrival from his Voyage: Which Money so paid, sh [...]ll be deducted out of the Sailors Wages by the said Master, and the same applied to the Use and Benefit of such poor Mariners and their Families as aforesaid, at the Direction of the T [...]wn-Council for the Time being, to and for the Use as aforesaid.

AND be it further Enacted by the Authority aforesaid, That the s [...]id Naval-Officer shall have administred unto him an Oath for the fai hful Performance of his D [...]y,Naval Officer to be under Oath. in respect to this Act, bo [...]h as to receiving the Monies, and delivering or paying the same by O [...]der of the said Town Council, according to the Tenor of this Act.

AND be it further Enacted by the Authority aforesaid, Tha [...] the said Naval Officer for the Time being, shall keep a fair Book of Record of what he shall receive and pay by Vir­tue of this Act, as also the Master's and Vessel's Name, and the Place where she belongs;And to keep a Book of Re­cord. for the Doing and Performing where­of, the said Naval Officer shall be allowed out of the said Mo­nies by him receiv'd as aforesaid, at the Rate of Ten per Cent. for all such Monies that shall pass thro' his Hands by Means of this Act.

PROVIDED, AND be it Enacted by the Authority aforesaid, Pro [...]iso. That when and as often as any Monies deducted and paid as aforesaid, out of the Wages of any Mariner that belongs to any other Town in this Colony, the same shall be disposed of by the Town Council of the Town where such Mariner belongs, for the Use and Ends aforesaid: Any thing in this present Act con­tained to the Contrary, in anywise notwithstanding.

AND be it further Enacted by the Authority aforesaid, That any Mariner, Seafaring Man, or other as before described, being taken sick, lame, or the like, within this Colony, in any Family, or herein brought, and under those Circumstances, the Master or Mistress thereof shall give Notice of the same to some Justice of the Peace or Town Council Man, Upon any Sai­lo [...]s being ta­k [...]n st [...]k, Notice thereof to be given. within six Days after they are so taken or brought, upon the Penalty of Forty Shillings, to be re­covered by a Warrant of Distress from the said Town Council, and the same to be applied to and for the Use as aforesaid: Any Law, Custom, or Usage to the contrary whatsoever notwithstand­ing.

[Page 152]

LAWS, Made and pass'd by the General Assembly of His Majesty' [...] Colony of Rhode-Island, and Providence Plantations, in New-England, held at Newport by Adjournment, on the third Monday of Iune, 1730.

An ACT enabling the Secretary of the Colony for the Time being, to surrogate and appoint a Deputy under him.

BE IT ENACTED by the General Assembly, and by the Authority thereof it is Enacted, That i [...] sh [...]ll and may be lawful for the Secretary of the Colony for the Time being, to surrogate and appoint a Deputy under him; who is hereby au­thorized and impowered to act and [...]o,D [...]puty Secre­tary a Power. in the Absence of the Secretary, all Things, by Law required of him, as fully and amply in all Things▪ and to all Intents and Purposes, as the Se­cretary himself might or could do, were he personally present, he appointing such a One as the Governor shall approve of.

An ACT to prevent Indians being abused and wronged by designing and ill-minded Persons, in making them Servants.

WHEREAS several evil-minded Persons in this Colony, of a greedy and covetous Design, often draw Indians into their Debt, by selling them Goods at extravagant Rates, and get the said Indians to be bound to them for longer Time than is just and rea­sonable, to the great Hurt and Damage of the Indians, and to the Dishonour of the Government.

For the Preventing whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, That no Indian shall be bound an Ap [...]rentice or Servant to any of His Majesty's Subjects in this Colony, without the Consent, Allowance and Approbation of two Iustices of the Peace, Indi [...]n [...] to be [...] by two Ju [...]ti [...]s o [...] Wa [...]d [...]s. or Wardens of this Colony, and for good Consideration therefor, and testified to under the Hands of such Justices or Wardens: Any Law, Custom, or Usage to the Contrary, in any wise notwithstanding.

[Page 153]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held at Providence, on the last Wednesday in October, 1730.

An ACT for Regulating Appeals from Iudgments obtained upon Bond, at any of the Inferior Courts in this Co­lony.

BE IT ENACTED by the General Assembly, and by the Authority thereof it is Enacted, Persons Ap­pealing to p [...]y double Cost. That all Persons ap­pealing from a Judgment given upon Bond for Money, at any of the Inferior Courts in [...]his Colony, to the Superior Court, shall pay down the Cost, and give Bond to prosecute the same; and if cast at the Superior Court, shall pay double Cost and Damages.

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providenne-Plantations in New-England, held at Newport, by Adjournment, on the third Tuesday of February, 1730.

An ACT for Erecting and Incorporating the Out-Lands of the Town of Providence, into three Towns.

FORASMUCH as the Out-Lands of the Town of Pro­vidence are large, and replenished with Inhabitants suffi­cient to make and er [...]ct thr [...]e Townships, besides the Town of Providence, and the Land lies convenient for the same; which will be of great Ease and Benefit to the Inhabitants of said Land, in transacting and negotiating the prudential Affairs of their Town, which for some Time past has been very heavy and burthensome.

[Page 154] BE IT Therefore Enacted by the General Assembly, and by the Authority thereof it is Enacted, That from Warwick Town­ship, eight Miles and an half be measured on the Seven Mile Line (so called) in said Providence, [...] and a Boundary there fixed, and from the said Boundary a Line be drawn to Pautucket River, to a Place called the Ware, about half a Mile northerly of Pautucket Falls; and that for the Time to come, the Town of Providence extend no farther West and North than the aforesaid Lines.

AND it is also Enacted by the Authority aforesaid, That all the rest of the aforesaid Out Lands, to the E [...]stward of the aforesaid Seven Mile Line, and to the Northward of the Bounds of the Town of Providence, be, and they are hereby incorporated and [...]rected a Town, called and known by the Name of Smithfield; and that the Inhabitants thereof, from time to time,Smithfi [...]ld. shall have and enjoy the like Benefits and Pri­vileges with other Towns in this Colony, according to our Charter.

AND it is further Enacted by the Authority aforesaid, That all the rest of the aforesaid Out-Lands to the Westward of the aforesaid Seven Mile Line, be erected and made into two Towns, the dividi [...]g Line between them to begin at the North East Bounds of the Town of Providence, at the Bounds and Monument there made and erected on the aforesaid Seven Mile Line, and from thence to extend West Six Degrees and Thirty Minutes North, to Connecticut Colony. And all the Lands to the Westward of the said Town of Providence, and to the South­ward of the said Dividing Line, and to the Northwa [...]d of the Town of Warwick, be, and they are hereby erected and incor­porated a Town, to be called and known by the Name of Scituate;Scituate. and the Inhabitants thereof, from time to time, shall have and enjoy the like Liberties and Privileges as other Towns in this Colony by our Charter do.

AND be it further Enacted by the Authority aforesaid, That the Rest and Residue of the aforesaid Out-Lands, that lye to the Westward of the aforesaid Seven Mile Line, and to the Northward of the West Line drawn from the Northwest Corner of the Town of Providence, bounded North on the Province of the Massachusetts-Bay, and West on the Colony of Connecticut be, and they are hereby erected and incorporated a Town,Gl [...]ces [...]r. and called by the Name of Glocester; and the Inhabi­tants thereof for the Time being, shall have and enjoy the like Li­berty with other Towns in this Colony, agreeable to our Charter.

[Page 155] AND be it further Enacted, That the Justices of each of the respective Towns of Smithfield, Scituate, and Glocester, Town [...] to be cal [...]'d [...]or chusing Town-Officers. grant forth a Warrant in some convenient Time, to call the Inhabitants of each Town together, to chuse and elect such Town Officers as they sh [...]ll h ave Occasion for, as the Law directs, and to appoint the Time of their Town Meet­ings, and the Places.

AND each of the Towns aforesaid, are to send two De­puties to the next General Assembly, and so on,Number of De­puties. as by the Char­ter is ordered.

AND that Major William Smith, and Captain Richard Wa­terman, take wi [...]h them a Surveyor, and from the Northwest Co [...]ner of Providence Town, run up a Line to Connecticut Co­lony, West, Six Degrees North, according as the Assembly has ordered and appointed the same.

AND that Providence send one Grand and one Petit Jury­man to the Superior Courts. Smithfield the same;Number of Ju­rors to be sent from each Town. and Scituate and Glocester each one Petit Juryman; and Providence send four G [...]nd Jurors and three Petit Jurors to the Inferior Court, and Smithfield two Grand and two Petit Jurors, and Scituate one Grand Juror and one Petit Juror, and Glocester the same.

AND b [...] it further Enacted by the Authority aforesaid, That the Town of Providence, Smithfield, Scituate and Glocester, Each Town to [...] Bank Money. have each th [...]ir P [...]oportion of the Interest of the Bank Money ap­propriated to the Use of the Towns of this Colony, according to the Sum [...] that the Lands lying in each Town are mortgaged for; [...] that what Money the Town Treasurer of Providence has adv [...]nced for the Town before the Division thereof be repaid him out of the whole Interest Money, before Division thereof be made.

An ACT for Raising and Emitting One Thousand Pounds in Bills of Publick Credit.

WHEREAS the General Treasury is quite exhausted of small Bills, none being in the Treasury under Twenty Shil­lings for Exchanging.

IT is therefore Enacted, That the Sum of One Thousand Pounds [...]e made upon the small Plates of Four Shillings and Six Pence, Three Shillings, Two Shillings and Six Pence, and [Page 156] One Shilling, and delivered into the General Treasury for Ex­changing; and that there be One Thousand Pounds of old Money set apart in lieu thereof, and presented to the next Assembly following, in order to be burnt: And that the Grand Com­mittee be, and they are hereby appointed to make said Bills, and agree with Mr. Vernon for impressing the same, and be paid out of the General Treasury.

An ACT for preventing Appeals from the Judgment of the Justices, given against Persons for prophane Swearing and other Crimes.

WHEREAS it has been allowed to appeal from the Iudg­ment of the Iustices given on Persons guilty of pr [...]hane Swearing or Cursing, and upon Persons that Labour on the First Day of the Wee [...], or use any unlawful Recreation thereon; and also those that have been convicted of Galloping: Which is found to be very troublesome, and tends to the Perversion of Iustice.

For the Preventing whereof for the Future,

BE IT ENACTED by the General Assembly, and by the Authority thereof, That henceforward no Person what­soever shall have the Liberty of appealing from any Judgment given, against him by any Justice or Justices of the Peace, on being convicted of any of the aforesaid Crimes.

An ACT for the better Regulating the commencing of Suits at the Inferior Courts in this Colony.

WHEREAS by a Clause of an Act, entituled, An Act for the Regulating of sundry Proceedings in the several Courts within this Colony, sundry Suits have been commenced out of the Counties where both Plaintiff and Defendant live, which is conceived irregular and contrary to the Ease of the Inhabitants.

For the Preventing whereof,

BE IT ENACTED by the [...]eneral Assembly of thi [...] Colony, and by the Authority thereof, it is Enacted, That after the Publication of this Act, in all transitory Actions com­menced [Page 157] in any County in this Colon y, the Plaintiff or Defendant in the [...], if an Inhabitant of this Colony,Transito [...]y A [...]ons [...] commence [...] in the County [...] l [...]ves or the Defendant i [...] sued. shall be an Inhabitant or Residen [...] in the County where such Action shall be com­menced, or the Defendant shall be arrested within the same. And all Actions commenced contrary hereunto, shall be deemed to be wrong brought, and shall abate.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in N [...]-England, held at Newport by Adjournment, on the second Monday of Iune, 1731.

An ACT for Regulating the Assize of Cask, and preventing Deceit in packing Beef, Pork, and Fish for S [...]le.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, Assize of Cask. That henceforth all Barrels and Half Barrels made in this Colony, shall be of the Assize following, viz. Barrels Thirty One Gallons and an Half. Half B [...]rrels Fifteen Gallons and three Quarts, and be made of good, sound, and well-seasoned Timber.

AND that every Cooper making such Cask, shall set his Brand-Mark on the same, with the two first Letters of his N [...]me.

AND that all Barrels and Half Barrels more than a Gallon under the Assize aforesaid, shall be forfeited, Those under the Assize, to be forfeited. one Moiety there­of to the Informer, and the other Moiety to and for the Use of the Poor of such Town where the same shall be seized, to be paid to the Town Treasurer, for the Use aforesaid.

AND be it further Enacted by the Authority aforesaid, That all Cask, containing either Beef, Pork, or Fish, before it be expos [...]d to sale,Beef, &c to be viewed. be duly viewed and examined by a sworn Packer of this Colony, who is carefully to see that the same be good and merchantable, and well packed, b [...]fore he shall set his Mark ther [...]n.

[Page 158] AND be it further Enacted by the Authority aforesaid, That in case any Beef, Pork, or Fish, sh [...]ll be shipped on board any Ship or other Vessel for Exportation, [...] shipped [...]thout t [...]e P [...]ck [...]'s Mark, to be forfeited. not having the Packer's Mark thereon, as aforesaid, the Master of such Vessel shall forfeit the Value of such Beef, Pork, or Fish, so shipped; the one Half to the Informer, the other Half to and for the Use of the Colony: To be recovered by Bill, Plaint, or Information, in any Court of Record in this Colony.

AND be it further Enacted by the Authority afore [...]aid ▪ That in case any Tarr, [...] Com­ [...]odi [...]ies i [...] [...] to be forfeited. Cyder, Beer, or other liquid Com­modity, be exposed to sale in this Colony, in any Barrels, or Half Barrels, that are not of the Assize aforesaid, the s [...]me shall be forf [...]ited, the one H [...]lf to the Informer, and the other Half to and for the Use of the Colony; to be recovered [...] aforesaid.

AND that any Iustice of the Peace, or Warden, upon Com­plaint or Inf [...]rmation to him made, shall grant forth his War­rant for seizing and securing the same, to and for the Use afore­said.

AND that this Act be not in Force until three Months after the Rising of this Assembly.

An ACT for Emitting Sixty Thousand Pounds in Bills of Publick Credit.

WHEREAS the Soil and Climate of this Government is very suitable and proper for the Raising and Curing Hemp, and the Scituation thereof very convenient for the Promoting the Whale and Cod Fishery.

AND Forasmuch as it is conceived, that a Premium, or Bounty, for the Encouragement of the Hempen Manufactury, and of the Whale and Cod-Fishery, would be of great Advantag [...] and Benefit to Great-Britain, our Mother Country; and at the same time relieve the Government under its present Difficulties and Distresses, by giving Trade and all other Business a different Turn; so that by Industry and Labour, the Government may not only be Serviceable to his Majesty, in raising Hemp and furnishing the Navy with Naval Stor [...]s, &c. but be able to call in and sink the Bills of Publick Credit formerly emitted, according to the se­veral Acts for that Purpose, and carry on their Affairs publick and private, for the f [...]ture, without the present Difficulty and Trouble.

[Page 159] Which being duly considered:

BE IT ENACTED by the General Assembly of this Colony, and by the Authority thereof, it is hereby Enacted, Sixty Thousand Pounds [...] That the Sum of Sixty Thousand Pounds in Bills of Credit, of the same [...] or of those already emitted by this Government, be fo [...]hwi [...]h impress [...]d and made, upon the Plates heretofore used by [...] Colony, whereof Two Thousand Five Hundred Pounds shal [...] [...]e of the Denomination of Ten Shillings and under.

AND said Bills shall be in the Hands, and under the Care of the Six present Trustees of the Colony,Grand Com­mittee to sign the Bills. called the Grand Com­mit [...]ee; [...]y Three or more of whom shall have full Power and O [...]der [...]v [...]n them, to sign all the aforesaid Bills for the Use of the Colony.

AND the said Trustees are hereby authorized to make any [...] other Device in the Escutcheon, or other Part of said [...],Any further Devic [...] [...]ay be mad [...] by them. [...] th [...]y shall judge necessary for the Preventing said Bills [...] being counterfeited; and shall provide all Materials [...] for the Making the same, at the Charge of the [...].

AND be it further Enacted by the Authority aforesaid, That w [...]n and as soon as the said Sixty Thousand Pounds is made and [...],To be deliv [...]r­ed to the Tru­stees. he same sh [...]ll be delivered to the Trustees for the re­sp [...]ctiv [...] Towns in thi [...] Government, in such Manner and in the s [...]m [...] P [...]oportion as the last Bank was distributed; said Grand Committee taking Receipts for the same.

AND said Bills shall be let out by the several Committees of the respective Towns in this Colony,To be let upo [...] Land Security. upon Land Security of double the Value of the Money taken up, in the same Way and M [...]nner as the former Bills of the Colony were let out.

AND the Time said Bills shall be emitted for, shall be Ten Years, at which Period, from the Emitting the same every Mortage shall be out, and the Money due thereby payable to the Colony.

AND every Person t [...]kin [...] up s [...]id Bills in the aforesaid Man­ [...], shall give Bond for the Payment of the Interest thereof,Bond to be gi­ven for [...] In­t [...]r [...]st. at th [...] Rate of Five Pounds per Cent ▪ unto the General Treasurer, to and for the Use of the Colony, t [...] b [...] [...]pprop [...]i [...]d to the Ends and Purposes [...].

[Page 160] AND be it further Enacted by the A [...]t [...]ority aforesaid, That in the Letting out said Bills, no Person be supplied with above Three Hundred Pounds, What Sum [...] are to be [...]et, and to who [...]. or be suffered to t [...]ke up l [...]ss th [...]n Twent [...] Five Pounds; and that those Persons that have t [...]ken of the for­mer Banks, to the Sum of Three Hundred Pounds, upon their own Privilege, be not admitted to take of said Bill [...], until others be supplied: But if any Bills shall remain in the Hands of the Committee for three Months af [...]er received, then said Persons excluded, shall have equal Liberty with others.

AND be it further Enacted by the Authority aforesaid, That the Hon. Iohn Wanton, Esq Deputy Governor, Lieut. Col. William Coddington, The Trustees to be a Com­mittee for Newport. Mr. George Goulding, Mr. Iab [...]e [...] Brenton, jun. Lieut. Col. Daniel Updike, [...] Gideon Wanton, be, and they are here­by appointed and chosen to be the Six Trustees of the Colony; and they are also appointed a Committee for the Town of New­port, to hire out their proportionable Part of said Bills.

AND the following Persons are chosen and appointed Com­mittees for th [...] other Towns in the Colony, to hi [...] out the proportionable Part of said Bills that fall to each respective Town, Viz.

FOR the Town of Providence, Col. Nicholas Power, and Mr. Richard Waterman.

FOR the Town of Portsmouth, Mr. William Anthony and Mr. Gideon Freeborn.

FOR the Town of Warwick, Mr. Iohn We [...]ks, and Mr. Iohn Rhodes.

FOR Westerly, Lieut. Col. Ioseph Stanton, and Capt. I [...]hn Babcock.

FOR New-Shoreham, Capt. T [...]omas Mitchel, and Mr. Samuel Rathbone.

Names of the Committees for the other Tow [...]s.FOR North-Kingston, Mr. Francis Willet, and Mr. I [...] ­remiah Gould,

FOR South-Kingston, Mr. Rouse Helme, and Capt. I [...]n Potter.

FOR East-Greenwich, Mr. Pardon Tillinghast, and Mr. Thomas Spencer.

FOR Iames-Town, Capt. Nicholas Carr, and Mr. Tide­man Hull.

FOR Smithfield, Maj. William Smith, and Mr. Ionathan Sprague, jun.

FOR Scituate, Mr. Stephen Hopkins, and Mr. Benjamin Smith.

FOR Gloucester, Mr. Elisha Knoulton, [...]nd Mr. Walter P [...]t [...] ­place.

[Page 161] AND be it further Enacted, Rule [...] fo [...] [...] the Money. That the Committee for sign­ing said Bills, and the several Committees for the Letting out said Bills, sh [...]ll in all other Cases, regulate themselves by the Rules and Practices prescribed and made use of in the Letting out the former Banks.

AND be it further Enacted by the Authority aforesaid, That out of the Interest of said Money, for the Encouragement of the Hempen Manufactury, there shall be paid out of the Ge­neral Treasury, Nine Pence per Pound for every Pound of good Water-rotted, well manufactured Hemp raised in this Colony;B [...]ty on [...] and F [...]x, Vi [...] Act 1727. and 172 [...]. the Proof of which is to be made as the former Law relating to Hemp [...]irects: And in like Manner Four Pence per Pound of well-manufactured Flax raised in this Colony, and hatchelled; which shall be viewed as the Law directs, in Relation to Hemp, and whereof Proof shall be made as the Law directs, relating to Hemp.

AND the aforesaid Bounty, or Premium, shall be conti­nued for the Space of Ten Years from the Publication of this Act.Vide Act 1744.

AND be it further Enacted by the Authority aforesaid, That for the Promoting the Whale and Cod-Fishery, there shall be paid out of the Interest of the said Money,Bounty on O [...]l, W [...]al [...]-bone, & Fi [...]h. the Bounty of Five Shillings for every Barrel of Whale Oil, One Penny for every Pound of Whale-bone, and Five Shillings per Quintal for every Quintal of good Merchantable Cod-Fish, which shall be catch'd in any of the Vessels owned in this Colony, and sailing out of some Part thereof, and by Fishermen residing therein.

PROVIDED, said Oil be tryed, and said Fish be made in thi [...] Government, or the said Fish, Oil, or Whalebone be taken in the Vessels owned as aforesaid,Prov [...]so▪ and brought into the Government, and disposed of therein: The Proof of which Facts shall be made out to the Treasurer, by Certificate from such Officers as shall be appointed for that Purpose.

AND the aforesaid Bounty, or Premium, shall continue for Ten Years after the Publication of this Act.Vide Act 1744.

AND be it further Enacted by the Authority aforesaid, That in each and every Town in the Government, where there shall be a Necessity thereof, there shall be annually chosen, at their Town Meetings for Election of Town Officers, one or more Persons for the Viewing and Examining Whale-Oyl, B [...]n [...] ▪ and [Page 162] Cod-Fish,Officers to view Oyl, &c. brought into the Colony; who shall have Power and Authority of swearing or engaging the Persons claiming the Bounty for the same, or any other Person as he or they shall think fit; and shall determine what Whale-Oyl, B [...]ne or Cod-Fish, is merchantable and good, and entituled to the Bounty given by the Government, according to this Act.

AND the Certificate of such Person chose, as aforesaid, and engaged,Their Fees. shall be a sufficient Order to the General Treasu [...]er, for the Payment of the Bounty given by this Act. And every such Officer sh [...]ll be allowed Four Pence for every H [...]ndred Weight of Whalebone, and Four Pence for every Barrel of Oyl, and Four Pence for every Q [...]intal of Fish viewed as afore­said; to be paid always by the Persons claiming the Bounty as aforesaid.

An ACT for stating the Size of Clapboards and Shingles, and the better Regulating the measuring of Boards, Plank, Timber, &c.

WHEREAS Boards, Plank, and Timber, are usually sold by the Measure set upon them at the Mills wh [...]re they are sawn; and Bundles of Shingles and Clapboards are marked for a greater Number than they contain: Wherein great Fraud and Deceit is too often pr [...]cticed by ill-minded Persons.

For Prevention whereof:

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That in each Town within this Government, where Boards and Plank, Shin­gles, Clapboards and Slitwork, are usually imported or brought for Sale,Officers to be app [...]lute [...] for viewing of Boards, &c. or exported beyond Sea, there be two or more honest Persons, that are skilful, annually elected by such Town, at the Time of the Anniversary Choice of their Town Officers, to be Surveyors and Measurers of Boards and Plank, Timber and Slitwork, and of Shingles and Clapboards; who shall be sworn or engag'd as other Officers are, to the faithful Performance of the Duty of their Office.

AND all Boards, Plank, Timber, and Slitwork, imported or brought for S [...]le, before their Delivery, shall be viewed, sur­veyed and measured by one of the said Officers, where he shall have any Doubt of the Measure; having Consideration of the Drying and Shrinking:Their Duty. Also shall ma [...]k a-new all such to the just Contents, making reasonable Allowance for Rots, Splits and W [...]ins.

[Page 163]AND the B [...]yer shall pay the Officer Twelve Pence per Thousand for viewing only,And F [...]es. and Twelve Pence per Thousand for m [...]su [...]ing and marking, and pro Rato for a lesser Quantity than a Thousand Feet.

AND no Boards, Plank, Timber, Slitwork, Shingles, or Clapbo [...]rds, shall be delivered upon Sale or Exportation beyond Sea, b [...]fore they have been viewed and surveyed, [...], &c. to be ma [...]'d. and also mea­su [...]ed, if Occasion be, and marked a-new by one of said Sur­v v [...]s, on Pain of being forfeited, or the Value thereof, by the S [...] ler or Shipp [...], to the Use of the Poor of the Town where they are sold or shipped.

AND be it further Enacted by the General Assembly, That all Shingles and Clipboards exposed to sale by Quantities in B [...]ndles that do not hold out the Number they are marked for,S [...]ingles, &c. [...] the Nu [...]er they are mark'd for. unl [...]s [...] it appears some have been drawn or shaken out of the Bundles after packing, shall be forfeited to the Use of the Poor of [...]he Town where they are exposed to sale; the Charge of searching and telling them to be first deducted.

AND every Bundle of Shingles and Clapboards, which ac­cording to the sound Judgment of the Surveyor will hold out one wi [...]h another Four Inches and an half in Breadth, shall be [...] merchantable; provided the Shingles are Fifteen or Eight [...]en Inches in Length,; and the Clapboards not less than Fou [...] Foot and an Half long,Their Size. and the least to be Four Inches in Breadth and upwards, and one Half of an Inch thick, or upwards; and all that are otherwise to be cull'd and burnt, and so many more, if need be, till what are left of said Bundles will bear four Inches and an Half, according to the Judgment of the Surveyor; who shall have for his Service Four Pence for every Thousand surveyed, and Four Pence per Thousand for telling, to be paid by the Buyer, where no Forfeiture is for want of Tale, to satisfy the Charge: And for every Thousand he culls and binds up again, Twelve Pence per Thousand, and proportionable for less Qu [...]ntities, to be paid by the Ow [...]r and Seller of said Shingles and Clapboards, return­ing the Remainder to the Owner, if any be, after the Charge is deducted: Any Law, Custom, or Usage, to the Contrary here­of, notwithstanding.

AND it is fu [...]ther E [...]a [...]ted by the Authority aforesaid, That this Act be not in Force until Three Months after the Rising of the Assembly.

[Page 164]

An ACT for impowering the Towns of Smithfield, Scituate, and Gloucester, to lay out their High Ways in the same Man­ner as they are laid out in Providence.

FORASMUCH as the Town of Providence was, by an Act of Assembly made and pass'd in this Colony, the third Tuesday in June, 1725, enabled to lay out their High Ways by indifferent Persons appointed by the Town Council, &c. as in and by said Act is required: And the Towns of Smithfield, Scituate, and Glou­cester, being since taken out of Providence,

IT IS ENACTED by the General Assembly of this Colony, and by the Authority thereof, That it shall and may be lawful to and for the Town Council of the respective Towns of Smith­field, Scituate and Gloucester, to lay out all such High Ways as they shall hereafter lay out in their respective Towns, in the same Way and Manner as the Town of Providence do and have done,Vide Act 1725. by Force and Virtue of the aforesaid Law. Any Law to the Contrary hereof, notwithstanding.

An ACT for securing the Interest of the Second Bank, for the three Years yet to come, before the Payment of any Part thereof.

IT is Ordered and Enacted by the General Assembly, and by the Authority of the same, That the several Committees of the several Towns forthwith proceed to take Bonds of the Mortgagers of the Second Bank,Bonds to be taken. for the three Years the Sum is to continue upon Loan; and also to take Bonds for the several Payments of the Principal in Ten Years, by one Tenth Part yearly, as was taken and done in the first Bank.

LAWS, Made and pass'd by the General Assembly of His Majesty s Colony of Rhode-Island, and Providence Plantations, in New-England, held at Warwi [...]k, on the last Wednesday of October, 1731.

[Page 165]

An ACT for preventing Mischief being done in the Town of Newport, or in any other Town in this Government, by firing of G [...]ns and Pistols, and throwing of Squibs, F [...]e-Works, &c. in the St [...]eets or Lanes [...]f the Town of New­port, or other Towns, or in any Tavern in any Town in this Colony.

FORASMUCH as Damage has often been done in the Town [...] Newport, and other Towns in this Government, by f [...] [...]ing [...] G [...]ns and Pistols in the Streets or Taverns in the said T [...]wns, and by Firing and Throwing of Squibs, Rockets, and other Fire-Work [...], ev [...]n to the Endangering the Loss of several Lives, and firing of the Towns.

For the Preventing whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, No Gun [...], &c to be fir'd after dark. That no Person whatsoever presume to fire any Gun or Pistol, o [...] fire or throw any S [...]uib, Rocket, or other Fire-work, in the S reets of any of the Towns of this Government, or in any Ta­v [...]n of the same, after dark, on any Night whatsoever.

AND if any Person shall do contrary hereunto, he, she, or th [...]y so offending and doing, shall upon Conviction before one or more Justice or Justices of the Peace of the County where such Offence shall be committed, pay a Fine of Five Shillings for the first Offence, and for the second Offence Ten Shillings, Fine. Vide Act 1737. and for every other Offence Twenty Shillings: And no Appeal shall be from any such Judgment.

AND no Bonfire shall be made on Gun Powder Treason Day in any Town in the Colony, but by Direction of the Au­thority of such Town, [...] to be [...] Direc­tion of Autho­rity. upon the Penalty of the Offenders being [...] according to the Discretion of the Justices, not exceeding Twenty Shill [...]ngs, to be for the Use of the Town where such [...] is commi [...]ted: Any Law, Custom, or Usage to the C [...]rary, notwithstanding.

[Page 166]

An ACT in Addition to an Act, entitled, An Act for emitting Sixty Thousand Pounds in Bills of Publick Credit; made and passed in this Colony, in Iune, 1731.

FORASMUCH as in and by said Act, the aforesaid Sixty Thousand Pounds is [...], for ten Years, and no Provision made for the Calling-in the same; and it being equitable and just, and worthy the Care of the Government, to see that all its Members have Iustice done them.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That at the Expiration of the ten Years the aforesaid Sixty Thousand Pounds are let out for, each Person having of the aforesaid Money, shall give ten distinct Bonds to the Grand Committee, or other Committees in their Names,Ten distinct [...] to be [...]. for the Sum contained in their re­spective Mortgages; each Bond to contain one tenth Part of the Sum contained in the Mortgage, and one of the said tenth Parts to be paid annually wi hout In [...]erest, for ten Years, as aforesaid, un [...]il the whole of s [...]id B [...]nk be paid in.

AND upon any Person's discharging and taking up any of s [...]id B nds, th [...] Sum or Sums by him or them paid, sh [...]ll by one or more of the s [...]id G [...]nd Committee,Sums p [...]d to be [...]. be indorsed upon the Back of such Person's Mortgage, until the whole be paid.

AND when the same shall be effected by a compleat Pay­ment of the whole Sum, then every such Mortgage Deed shall be discharged,Mortgage Deed [...], how discharged. by an Entry to be made in the Margin of the Re­cord where such Mortgage Deed is registred, by the Town Clerk of each respective Town.

An ACT for the Enlarging, and further Augmentation of the General Treasurer's Salary.

THERE being a considerable Quantity of Paper Bills emitted by this Colony upon Loan, and the Interest payable in the same Specie; and the said Bills by often passing wear and decay, which causes them often to be exchanged in the Treasury; and for which the Treasurer has no sufficient Allowance.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority thereof, it is Enacted, That the Treasurer's Salary be, Tr [...]asurer's Salary. and it is hereby augmented to the Sum of Two Hundred Pounds per [...], this Curr [...]ncy.

[Page 167]

LAWS, Made and past by the General Assembly of His Majesty's Colon [...] of Rhode-Island, and Providence-Plantations in N [...]w-England, held at Newport, the second Monday in Iune, 1732.

An ACT for Establishing the Sheriff's Travelling Fees.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, Sheriff's Tr [...] ­velling Fees f [...]om the Coun­ty-house to the Habitation of t [...]e Defendant. That the Sheriff of [...]ch County shall have his travelling Fees from the County- [...]se to the Dwelling-house or Place of Habitation where the [...] sued shall be arrested by the said Sheriff, and not from his own House.

An ACT prohibiting the Inholders and other Retailers within this Colony, from trusting the Inhabitants thereof above Twenty Shillings.

WHEREAS there was a Petition preferred by several of the Inholders or Vintners of this Colony, setting forth the man [...] Inconveniencies that many Persons in this Government have la [...]ured under, by their Extravagant Expences at Taverns, and ot [...]er Ale-houses.

For the Preventing whereof for the Future,

BE IT ENACTED by the General Assembly, and by the Authority of the same it is Enacted, That if any Inholder, No Inhabitant to be trusted by Taverns above 20 [...], on P [...]in of losing th [...]r Debts. Retailer, or Alehouse-keeper in this Colony, trust any Inhabitant of this Colony, for Liquors, above the Sum of Twenty Shillings; All Actions brought for the same, shall be barred.

An ACT for Payment of the Bounty upon Flax and Hemp, raised Anno Domini 1731.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, Bounty on F [...]ax, &c. when to b [...]gin. That the Bounty upon Flax and Hemp raised in this Colony, Anno Dom. 1731, be paid by the General Treasurer, out of the Interest of the Fourth Bank, when due.

[Page 168]

An ACT for Review of Real Actions, relating to Titles of Land.

WHEREAS there should be no Failure of Iustice; and that the Party against whom Suit is commenced be not foreclosed by a Iudgment against him, whereas upon a new Trial be might be better provided of new and further Evidence for his Defence;R [...]view in real Actio [...]s.which probably could not be obtained in so short a Time as by Law is allowed for a Trial by Appeal.

BE IT ENACTED by the General Assembly of this Co­lony, and by the A [...]tho [...]ity of the same, it is Enacted, That it shall be in the Libe [...]y of [...]he Par [...]y aggri [...]ved at the Judgment given in the S [...]perio [...] Cou [...]t of Ju [...]icature,No P [...]rson to r [...]view, with­out having ob­tain'd one Judgment of Court. by new Process to re­view the said Cause [...]nce in said Court. Provided, the said Party hath obtained a Judgment ei [...]her at the Inferior or Superior Court, and no other Person whatsoever.

AND the Party bringing such Action of Review, shall pro­duce attested Copies of the whole Case; and each Party shall have the Privilege of any further Plea and Evidence upon the Review. [...] Case.

PROVIDED no Action of Review shall be brought after the Expiration of one Year from the Time of rendring the Judg­ment to be reviewed:To [...]e broug [...]t in a [...] Time. And that the said Writ or Summons shall be taken out three Months before the Setting of said Court, to which the Review shall be brought; and that the Reasons of said Review shall be therein contained.Writ 3 M [...]nths before Si [...]ing of the Court. Saving unto any Infant, Feme Covert, or Person imprisoned, or beyond the Sea, the Term of one Year, after their coming of Age, or such Imperfection removed, to b [...]ing his or her Action of Review, and not after­wards: Any Law, Custom, or Usage, to the Contrary, not­withstanding.

AND it is further Enacted, That Execution shall not be stayed or suspended by Reason of any such P [...]ocess or Action of Review; [...] fo [...] to [...]e stopp [...]d on R [...]view. and the Party recovering on the Review, shall recover all former Costs dispended: And said Iudgment on Review shall in no ways hinder the Party ag [...]ieved wi [...]h such Judgment,App [...]al home, [...] othe [...] [...] to appeal to His Majesty in Council in Great-Britain, in all Cases where the Law of the Colony permits and allows the same: Any Law, Usage, or Custom, to the Contrary hereof, in any wise, notwi [...]hstanding.

[Page 169]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in N [...]w-England, held at Providence, the last Wednesday of October, 1732.

An ACT for the further Encouraging the Destroying of Wolves in this Colony

WHEREAS the former Encourag [...]ent for Destroying of Wolves in this Colony,For destroying of Wolves.is found by Experience to be not suffi­cient for the Extirpating and Rooting them out of this Govern­ment: But they are very often doing great Damage, by killing Sheep, young Cattle, &c.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That whosoever shall kill any Wolf or Wolves in this Colony, shall be allowed and paid out of the General Treasury,Ten Pound [...] per Head. Ten Pounds per Head, for every Wolf killed as aforesaid;Vide Act 1740. he or they p [...]ocuring a Certificate for the same, in Manner as was required by the former Act: Any Law, Custom, or Usage, to the Con­trary hereof, in any wise, notwithstanding.

An ACT Stating the Governor's Fees for signing Commissions, and taxing Bills of Cost.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That the Governor shall be paid out of the General Treasury,Commissions, Five Sh [...]llings. Five Shillings for every Commission that he shall sign for any Officer in this Go­vernment: and that his Fee for taxing Bills of Cost,Bills of Cos [...], Two [...]hil [...]ing [...] and Si [...] Pen [...]e [...] be aug­mented to Two Shillings and Six Pence each.

[Page 170]

A LAW, Made and pass'd by the General Assembly of his Majesty's Co­lony of Rhode-Island, and Providence-Plantations, in New-England; held at Providence, the Fourth Tuesday in Ianuary, 1732.

An ACT for Suppressing of Lotteries.

WHEREAS there has been brought up within this Go [...]ern­ment, certain unlawful Games, called Lotteries, whereby un­wary People have been led into a foolish Expence of Money,Lotter [...]es. which may tend to the great Hurt of sundry Families; and also the Re­proach of this Government, if not timely prevented:

For Remedy whereof,

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That no Lottery shall be published or set forth within this Government, from and after the Publication hereof;None to be drawn after 30 [...] of April, 1733. and that from and after the thirtieth Day of April, Anno Dom. 1733, none shall publickly or privately exercise, keep open, show, or expose to be played at, thrown at, drawn at, or shall draw, play, or throw at any such Lottery, either by Dice, Vide Act 1744. Lots, Cards, Balls, or any other Numbers or Figures, or any other Way whatsoever; and every Person so exercising or drawing any such Lottery, in Manner as aforesaid, shall for every such Offence,On Penalty of [...] Pounds. forfeit Five Hundred Pounds: To be recovered, by Bill, Plaint, or Information, or Action of Law, in any Court of Record within this Colony: One half whereof for the Use of the Colony, the other half to the Informer, or Person suing for the same.

AND be it further Enacted, Tha [...] every Person that shall play, throw, or draw at any Lottery, after the aforesaid thirtieth Day of April, No Pers [...]n to take a Ti [...]k [...]t. shall forfeit for every such Offence, Ten Pounds: To be recovered in Manner as aforesaid, for the Use aforesaid. And for the more effectual Suppressing said Lotteries, On Penalty of Ten Pounds. after the thir­tieth Day of April, all Iustices, Iudges, Sheriffs, Constables, and all other Officers, within their respective Jurisdictions, are hereby impowered and required to suppress and discountenance the same.

[Page 171]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony o [...] Rhode-Island, and Providence-Plantations, in New-England, Held at Newport, the second Monday in Iune, 1733.

An ACT, repealing that Part of an Act, chusing the Judges and Clerks of the Inferi [...] [...]urts of Common Pleas, and Ge­ner [...]l Sessions of the Peace, in the several Counties within this Colony, Quamdiu se bene gesserint; and for Electing said Judges and Clerks annually by the General Assembly.

WHEREAS there was an Act made and passed by the Ge­neral Assembly of this Colony, at their Sessions held in June,Part of an Act c [...]sing Judges and Cl [...]ks of the Inf [...]ior Court [...] Quam diu se bene g [...]s­s [...]rint. Repealed. in the third Year of the Reign of His present Majesty King GEORGE the Second, entituled, An Act for Establishing Inferior Courts of Common Pleas in the several Counties of this Colony, wherein the Judges and Clerks were elected Quam diu se bene gesserint; which is found very inconsistent with the Constitution of this Government, and contrary to the same.

For Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That that Part of the said Act, relating to the Chusing of said Judges and Clerks, be hereby repealed and declared null and void, from and after the twenty-fifth Day of March, One Thousand Seven Hundred Thirty and Four: R [...]p [...]aled after [...]5th of March, 1734. And that the said Judges and Clerks be chosen annually thereafter by the General Assembly, at their Sessio [...]s, the first Wednesday in May. And that the said Judges and Clerks now in Office, continue therein,Then c [...]osen at May Sessions Annua [...]ly. until the Sessions of Assembly in May next ensuing: Any Law to the contrary in any wise notwithstanding.

[Page 172]

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations in New-England, held at Newport, the second Monday in Iuly, 1733.

An ACT for the Emitting of One Hundred and Four Thousand Pounds in Bills of Publick Credit.

WHEREAS Fort GEORGE, lately built by this Colony, for its Defence, being now in a weak and defenceless Condi­tion, by not having sufficient Cannon and Ammunition suitable for such a Fort: And for Want thereof, said Fort is rendered entirely useless; and would rather prove injurious to this Govern­ment than a Benefit; and the Inhabitants of this Colony, His Majesty's good Subjects might be in Danger of being destroyed in Case of an Invasion by an hostile Enemy, so that the Intent of this Colony in building the said Fort would thereby be defeated, if not speedily supplied with Cannon and Ammunition necessary therefor; and there not being Money in the General Treasury sufficient for the Accomplishment of the same.

AND whereas the Scituation of this Government is very commodious for Promoting the Whale and Cod Fishery; and that an Encouragement of the same would be very Advantageous to the Inhabitants of this Colon [...], as well as of great Service and Benefit to Great-Britain, our Mother Country. And forasmuch as it is conceived, that the Carrying on the Whale and Cod Fishery, can be effected with considerable less Trouble and Charge to the Persons concerned and trading therein, in case a Peer was built or Harbour made at Block-Island, which is judged would be very conve­nient, being so near the Fishing Ground for all Vessels to resort to, using the Fishing Trade, in order to the Making and Curing their Fish.

[Page 173] All which being duly considered:

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, One Hundred and [...]o [...]r Thou­s [...]d Po [...]ds in [...] made. That the Sum of One Hundred and Four Thousand Pounds in Bills of Publick Credit of the same Tenor of those already emitted by this Government, be forthwith impressed and made upon the Plates heretofore used by this Colony. And said Bills shall be in the Hands and under the Care of the six present Tru­stees of the Colony, called the Grand Committee;To be [...]i [...]ned by the Grand Committ [...]e. and any three or more of them have full Power and Order given them to sign all the aforesaid Bills, for the Use of the Colony.

AND the said Trustees are hereby authorized,H [...]ve Power to [...]ke any De­vi [...] in t [...]e [...] or oth [...]rwis [...]. A d provide [...] for ma [...]ing the sa [...]e. to make any further or other Device in the Escutcheon, or other Part of said Bills, as they shall judge necessary, for the Preventing said Bills from being counterfeited; and shall provide all Materi [...]ls for making the same, at the Charge of the Colony: and draw Money out of the General Treasury as Necessity calls for it.

AND be it further Enacted by the Authority aforesaid, O [...] Hundred T ous [...]nd [...] thereof to the [...] shall [...] [...]ame. That when and as soon as One Hundred Thousan [...] Pounds, Part of the One Hundred and Four Thousand Pounds, is made and finished, the same shall be delivered to the several Committees for the re­spective Towns in the Government, in such Manner, as the same shall be apportioned by His Honour the Deputy Gov ernor: The said Grand Committee taking Receipts for the same.

AND said Bills shall be let out by the several Committees of the respective Towns in this Colony, upon Land Security,To be let out on Land Secu­ [...]ity. of double the Value of the Money taken up, in the same Way and Manner as the former Bills of the Colony were let out.

AND the Time the said Bills shall be emitted for,Ten Years. shall be ten Years upon Interest; after which Period, the principal Sums shall be paid in, as is hereafter expressed. And every Person taking up said Bills, in the aforesaid Manner, shall give Bon [...] for the Payment of the Interest thereof, [...]ive per Cen­tum per An­num. at the Rate of Five Pounds per Centum per Annum, unto the General Treasurer, to, and for the Use of the Colony; to be appropriated to the Ends and Pur­poses hereaf [...]er mentioned.

AND be it further Enacted by the Authority aforesaid, No greater Su [...] than 300 P [...]unds▪ or less [...] 25 Pounds That in the Letting out said Bills, no Person be supplied with above Three Hundred Pounds, or suffered to take up less than Twenty Five Pounds: And that those Persons who have taken of any one of the former Banks to the Sum of Three Hundred Pounds upon [...] Privil [...]ge, be no [...] admitted to take of said Bills, [...] that [...] shall [...] u [...]til others be supplied: But if any B [...]ll [...] shall remain in the Hands of the Committee for three Mon [...]h af [...]er rec [...]ive [...], then said Persons excluded shall h [...]ve equal Lib [...]y with [...].

[Page 174] AND be it further Enacted by the Authority aforesaid, That the Honourable Iohn Wanton, Esq Deputy Governor of this Colony,Trustees ap­pointed. Lieutenant Colonel William Coddington, Mr. George Goulding, Iahleel Brenton, Esq Lieutenant Colonel Daniel Updike, and Lieutenant Colonel Iohn Gardner, be, and they are hereby appointed and chosen the six Trustees of the Colony; and they are hereby also appointed a Committee for the Town of Newport, Committee for Newport. to hire out their proportionable Part of said Bills.

AND the following Persons are chosen and appointed Commit­tees for the other Towns in this Colony, to hire out the proporti­onable Part of said Bills that falls to each respective Town.

For the Town of Providence, Colonel Nicholas Power, and Mr. Richard Thornton.

For the Town of Portsmouth, Mr. Gideon Cornell, and Mr. Gideon Freeborn.

Committees for the several Towns.For the Town of Warwick, Philip Arnold, Esq and Mr. William Holden.

For Westerly, Lieut. Col. Ioseph Stanton, and Mr. Iohn Rich­mond.

For New Shoram, Captain Simon Ray, and Mr. Thomas Mit­chell.

For North-Kingstown, Mr. Ieremiah Gould, and Captain George Thomas.

For South-Kingstown, Rouse Helme, Esq and Captain Iohn Potter.

For East-Greenwich, Dr. Thomas Spencer, and Mr. Iohn Nicholls.

For Iames-Town, Captain Tiddeman Hull, and Mr. Daniel Weeden.

For Smithfield, Mr. Richard Sales, and Mr. Daniel Ienks.

For Scituate, Mr. Stephen Hopkins, and Mr. Benjamin Fisk.

For Gloucester, Mr. Elisha Knolton, and Mr. Zachariah Eady.

AND be it further Enacted by the Authority aforesaid, That the Interest of the said One Hundred Thousand Pounds shall be appropaiated in Manner following,The first Years Interest to make a P [...]er or Harbour at Block Island, if the Charg do [...]s not exceed that Sum. viz. That the Committee appointed to go to Block-Island for the inspecting and considering of a convenient Place for the Erecting a Peer or making a Harbour there, shall return their Report to the next Sessions of Assembly, of the Costs and Charges thereof; and in Case the said Sum re­ported by the Committee requisite for that Purpose, exceed not the Interest of the said One Hundred Thousand Pounds for one Year, that then the Sum reported be set apart, in order to be ap­propriated for that Use; and the Remainder to be appropriated in Manner hereafter mentioned. Provided, the Inhabitants of [Page 175] Block-Island shall dispose and make over to the said Colony for the Use of the Fishery,Provided they make over Land to the Colony suitable for the Fishery. several Acres of Land convenient there­for: And in case the Cost and Charge of erecting the said Peer, or making the Harbour shall exceed the first Year's Interest of the said One Hundred Thousand Pounds, then the same to be ap­propriated in Manner hereafter mentioned.

AND be it further Enacted by the Authority aforesaid, That the Sum of Four Thousand Pounds, Part of the aforesaid One Hundred and Four Thousand Pounds, The remaining Four Thousand Pounds for pro­viding Fort George with Cannon, Shot, Carri [...]s, &c. be appropriated for the Providing the Fort with Cannon, Shot, Carriages, &c. and that the same be paid into the General Treasury in Manner hereafter mentioned: That in case the Interest of the said One Hundred Thousand Pounds for the first Year, should not be sufficient for the Building said Peer or Harbour, that then Four Thousand Pounds thereof be paid in,To be paid in and Sunk. in order to be sunk; and the one Half of the Remainder to be put in [...]o the General Treasury, to defray the incident Charges of the Government; and the other Half to be committed to each respective Town, for the Use of the same.

AND it is hereby provided, That in Case the Cost and Charge of building the said Peer should not amount to the said Interest for the first Year,Out of the In­terest of the Hundred Thou­sand Pounds. then the Remainder of what remains be paid into the General Treasury, in order for the Sinking of the said Four Thousand Pounds; and if the Remainder should not be suffi­cient for the Sinking of the same, that then Part of the Interest of the said One Hundred Thousand Pounds for the second and third Years, appropriated for the Use of the Colony, be appropriated for the Sinking of the said Four Thousand Pounds.

AND be it further Enacted by the Authority aforesaid, Of the remain­ing Interest, half to the Ge­neral Treasury, and half to each respective Town in Pro­portion. That what Interest remains of the One Hundred and Four Thousand Pounds for the remaining Years after the Fort is supplied and Peer built, shall be appropriated in Manner following; one half there­of to be paid into the General Treasury to defray the incident Charges of the Government; and the other half thereof to be sent to each respective Town for the Use of the same.

AND be it further Enacted by the Authority aforesaid, That at the Time of emitting said Bills of Credit,Each Person at the Taking of the Bills to [...]ive H [...]d for the Payment of the Tenths. ten distinct Bonds shall be given to the Grand Committee, for the Payment of the tenth Part of the principal Sum, by each Person taking, yearly, for ten Years. And that the Payment of the first Tenth of the prin­cipal Sum, commence in one Year after the Expiration of the Term of Ten Years given for the Payment of the Interest of the principal Sum;To commence after the [...] of [...]. and that the same shall discharge each Person's Mortgage given for the Security of the Money, when the whole principal Sum is paid.

[Page 176]

An ACT for holding the General Assembly in October Session [...] in the several Counties on the main Land.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That the General Assembly of this Colony shall be held yearly, and every Year, upon the main Land, [...] the last Wednesday of October, one Year in the County of Providence, and the ensuing Year in the County of King's County, and so on successively, at their respective County Houses: And that the General Assembly be held the next October Sessions at South-Kingstown, in the County of King' [...] County: Any Law, Custom, or Usage, to the Contrary hereof, in anywise, notwithstanding.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in New-England, held at Newport, the first Monday in December, 1733.

An ACT for enabling the settled and ordained Ministers and Elders of every Denomination of Christians in this Colony, to join Persons together in Marriage.

WHEREAS the Clergy of the Church of England, and the People called Quakers, are empowered and tolerated to publish and join Persons together in Marriage; and the Chart [...]r of this C [...]l [...]ny gives equal Rights and Privileges to all the religio [...]s Societies in this Government; yet no Provision has hitherto been made by any Act of Assembly, that the Ministers or Elders of the Presbyterian and B [...]ptist Perswasions should have the Liber [...]y to publish and marry.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That any Persons desirous of entering into a marriage Estate, may make Application to either of the r [...]sp [...]ctive o [...]d [...]in [...]d Ministers or Elders,Ministers a [...]d Elders of the Presbyteria [...] and [...] P [...] ­swasion to mar­ [...]. who are hereby authorized [...]nd allow [...]d d [...]ing their being settled, to join such Persons to [...]ther; [...], they may l [...]wfully enter thereinto, and h [...]v [...] be [...]n publish [...]d according to the Laws of this Colony already in Fo [...]ce: O [...] have had their B [...]nes of Matrimony published in the [...] Congregation [...], where ei [...]h [...]r of the Parti [...]s usu [...]ll [...] [...], thr [...] Day [...] of publi [...] Worship, [...]

[Page 177] AND be it further Enacted, That any Persons that shall come into any Town from another Government to be married by such Minister or Elder as aforesaid,If from ano [...]er Govern [...]e [...]t to p [...]odu [...]e a Cer­tificate. shall produce a Certificate under the Hand of lawful Authority of the Government where such Persons dwell, that they have been published according to the Laws of such Government.

AND be it further Enacted, That if any such Minister or Elder, shall presume to join together any Persons in Marriage, th [...]t h [...]ve not been legally published as aforesaid; or before lawful Objections that may be made are removed;Fines how re­covered [...]f con­trary thereto. such Minister or Elder shall forfeit for the first Offence, Five Pounds, to the Use of [...]he Colony; for the second Offence, Ten Pounds, to the Use afo [...]es [...]id: To be recovered by the General Treasurer by due Cour [...] of Law upon Conviction thereof; and for the same shall be dive [...]ed of his Power and Authority to join any together in M [...]rriage for the future.

AND be it further Enacted, That every Minister or Elder sh [...]ll keep an exact Account of all Marriages performed by either of them, viz. The Names of the Parties,An ex [...]ct Re­gi [...]ter to [...] k pt and once a Year to be returned to the Tow [...] Cl [...]rk. and Time when mar­ried, and return the Parties Names once every Year after the Comm [...]ncement of this Act, to the Clerk of the Town where e [...]ch marriage was consummated, to be by him registred, when the s [...]id Cle [...]k sh [...]ll be paid Six Pence by the Minister or Elder for the R [...]i [...]tring of e [...]ch marri [...]ge.Fe [...] for Mar­riage. Moreover every such Mini­ster or El [...]e [...] shall b [...] allowed Three Shillings by the Parties by th [...] married, for join [...]ng such Persons together in marriage.

An ACT for regulating the several Town Councils within this Colony.

WHEREAS several of the Inhabitants within the resp [...]cti [...] T [...]wns in this Colony, are dissatisfied with so great a Number of I [...]stices being and acting as Members of the Town Counci [...] within said C [...]lony; and that in some Towns of the same, there [...]re more Iustices than Town Council-men, whereby Towns are defeated of the Privilege of having their prudential Affairs carried on by Persons of their own chusing.

For Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony; and by the Authority of the same, it is Enacted, Justice [...] exclu­d [...] fro [...] b ing [...] Town Council. That from and after the Publication▪ hereof, no Justice of the Peace within this Colony, shall sit or act in any of the Town Councils within s [...]id Colony, unless he be by the Town to which he be­long [...] first chosen a Town Council-man as is usual in such Cases; [Page 178] saving and excepting the Towns of New Shoram and Iames Town, which are under different Circumstances from other Towns by their Patents or Charters heretofore granted by the General Assembly.

AND be it further Enacted by the Authority aforesaid, That the P [...]esident or eldest Town Council-man for the Time being, is hereby fully impowered and authorized to administer any Oath or Oaths that shall or may be necessary in said Town Councils: The major Part thereof being convened shall be a Quorum, with full Power to act and do in all Cases as the Town Councils he [...] [...]ofore have done:President au­th [...]rized to ad­minist [...] Oath [...], &c. Vide Act 1666. Any Law, Custom, or Usage, to the contrary hereof in anywise notwithstanding.

A LAW, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in N [...]w-England, held at Warwick, the fi [...]st Monday in February, 1733.

An ACT for the Encouragement of killing the Bears and Wild Cats that sh [...]ll be found within this Colony.

WHEREAS it is found by Experience, that the remote Parts of this Government have suffered considerable Damages by having their Goats, Sheep, and other Creatures, dest [...]oyed by Bears and Wild Cats: And the In [...]abitants thereof being new Settlers, and their Lands unimproved, to whom w [...]re a proper Encouragement given for the Killing and D [...]stroying those ravenous Beasts, that Part of the Country might with greater Ease and Advantage be subdued and cultivated; and consequently would prove of great Service to the Publick,

Which being duly considered,

BE IT ENACTED by the General Assembly of this Colon [...], and by the Authority of the same, it is Enacted, That fr [...]m [...]nd after the Publication hereof, if any Person or Persons shall kill or destroy any Bear or Wild Cat within any Town in this Government, being any of the Inh [...]bitants of said Colony,Inhabitants of [...] C [...]t killed t [...]erein. To be proved [...] T [...]wn wh [...]re kill [...]d. Vid [...] Act 1736. such Person or Per­sons shall receive as a Premium or Reward therefor, the Sum of Twenty Shillings for each of them; and the same to be paid out of the General Treasury; provided the Fact be proved by Oath or Engag [...]ment of the Party, or otherwise by Evidence, &c. be­fore any Jus [...]ice of the Pe [...]ce in the Town where it shall [...]e per­formed; and a Certificate thereof produced to the General Trea­surer, sh [...]ll be sufficient for him to pay the same.

[Page 179]

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held at Newport, the third Monday in Iune, 1734.

An ACT for regulating the Taxing of Bills of Cost at the several Courts within this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the [...]ame, it is Enacted, That all Bills of Cost be taxed within ten Days after the Rising of each respective Court;To be ta [...]ed in ten Da [...] after Court. and that the Attornies have their Bills of Cost examined b [...] he Clerk of s [...]id Court, who shall have Twelve-pence for each B [...]l by him examin d; and upon their refusing or neglecting to h [...]ve [...]heir Bills of Cost taxed by said Time,O [...] [...]ot to be [...]ntr [...]d. they shall lose the Bene [...]it of h [...]ving the same entred upon Record.

LAWS, Made and pass'd by the General Assembly of his Majesty's Co­lony of Rhode-Island, and Providence-Plantations, in New-England; held at Providence, the last Wednesday in October, 1734.

An ACT empowering the Clerks of the Inferior Courts of Common Pleas in each County of this Colony, to appoint Deputies.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, Tha [...] each of the Clerks of the Inferior Courts of Common Pleas in this Colony, be, and they are hereby fully empowered to appoint a Deputy from time to time, as there sh [...]ll be occasion,C [...]e [...]ks of the [...]. to receive Declarations and Answers into their respective Offices upon File, and give out Copies thereof in the Absence of said Clerks; and that the said Clerks shall be accountable for their Deputy's Mismanage­ment.

[Page 180]

An ACT in Addition to an Act for the Regulating Mills within this Colony.

WHEREAS it has been found by Experience when some Persons in this Colony have been at great Cost and Expence for building of Mills serviceable for the publick Good and Benefit of the Town, and considerable Neighbourhood in or near to where they have been erected, that in raising a suitable Head of Water for that Service, it has sometimes so happened, that some sm [...]ll Quantity of Lands or Meadows have been overflowed and damnified, not belonging to the Owner or Owners of such Mill or Mills, whereby several Controversies and Law Suits may arise.

[...]or Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony, and by the Aut [...]ority of the same, it is Enacted, That where [...]ny Person or Person [...] have already, or shall here [...]fter set up any Water Mill or Mill [...] upon his or their own Lands;Persons [...] to make suitable Pond [...]. or with the Cons [...]nt of the Proprietors of such Lands legally obtain­ed, whereupon such Mill o [...] Mills is, or shall be erected or built, that then such Owner or Owners shall have free Liberty to conti­nue and improve such Pond for their best Advantage without any Molestation.

AND if any Person or Persons find themselves aggrieved and damnified in the Property of their Land [...], by being over [...]owed by the Owner or Occupant of such Mill▪ Stopping or R [...]i [...]ing the Water, that in every such Case, the Party so damni [...]ied in his Property or Prope [...]ties,Persons [...] of t [...]e Water, &c. upon Application for Relief to the Court of General Sessions of the Peace, in the County where such Mills or Ponds are, the said Court be, and are he [...]eby empow­red to issue out a Warrant directed to the Sheriff of the said County, to summon and impanel a Jury of twelve or more good and lawful Men, at the Cost and Charge of the Owner and Owners of such Mill or Mills: And the said Jury to be sworn by a Ju­stice of the Peace, to a faithful and indifferent Appraisal of the yearly Damage done to the Person complaining of his or their Land as aforesaid.

AND the Jurors Verdict being returned by the Hand of the Sheriff, to the next Court of Sessions of the Peace for the County where such Mill or Pond is, being allowed and recorded, shall be a sufficient Barr against any Action to be brought for any Dama­ges occasioned by the Flowing of such Lands as aforesaid, no [...] ex­ceeding six Acres in any other Men's Lands, save only an Action of Debt which the Complainant may bring for the Recovery of [Page 181] such yearly Sum or Sums of Money,Saving [...] Ac­ [...]io [...] [...] [...]ea [...]ly Da [...]age [...] [...]. from the Owner or Occupant of such Mill assessed as aforesaid, during the Time of such Flow­ing. But if the Jury find no Damage for the Complainant, [...]hen he or they to be at the Cost of the Jury as shall be allowed by the Justices of said Court.

AND be it further Enacted by the Authority aforesaid, That where any Persons have heretofore, or hereafter shall erect or build any Mill or Mill [...] in Partnership, and where each of the Partners have a Property in the Place where said Mill or Mills is, or shall be erected or built:M [...]thod [...] to be t [...]ken, if C [...] ­ [...] ove [...]sies [...] a [...]ong the Own [...]. And any Controversy or Dispute hath arisen or shall arise between the Owners of said Mills, where­by said Mills shall go to Ruin and become Useless; that then, and in such case, it shall and may be lawful, for the Partner or P [...]rtners who are desirous said Mill or Mills should be kept in Re­pair, to take with him or them two good and credible Free­holders of the Neighbourhood, and wi [...]h them to go to the Ow­ner or Partners, who do neglect to maintain, repair, and rebuild his or their Part of said Mill or Mills, and request or demand of him or them, to repair or rebuild his or their Part of said Mills, as the Case may requi [...]e; but if the said Owner or Partners still refuse or neglect to repair or rebuild as aforesaid, that then, and in such Case, the Owner or Partner aggrieved at such his Refusal or Neglect, may make his or their Application to the Court of General Sessions of the Peace within the County where such Dif­ference arises; which Court, upon Proof of his or their Proceed­ing as is is above required, are hereby fully empowered, to grant forth a License to the Partners or Owners so complaining, to repair and maintain said Mill or Mills so gone to ruin, and the same to improve to their best Advantage; Always upon Condi­tion, that he or they shall pay, or cause to be paid to the other Owners or Partners, such and so much yearly Rents for his or their Parts of Lands, Waters, and Privileges as are of Necessi [...]y to be made Use of for said Mills, as the said Partners or Owners agree upon. But in Case it shall so happen, that the said Owners cannot agree on the yearly Rents aforesaid; that then,In case they [...] agree, a jury to be [...]m­p [...]nnell [...]d, to [...] a [...] t [...]ereon. and in such Case, the Owners or Partners who have neglected to repair his or their Parts as aforesaid, may make Application to the Court of General Sessions of the Peace, who are hereby empowred to send a Jury in manner as abovesaid, to value the yearly Rents of said Lands, Waters, and Privileges; and the Owners or Partners who occupied said Mills and Privileges, are to pay the Rents yearly, according to the Value set by the said Jury.

[Page 182] [...] AND be it further Enacted by the Authority aforesaid, That if the Owners or Partners of s [...]id Mil [...], that have neglected to maintain [...]is or their Parts as aforesaid, after said Mills are repaired or re­built by the other Partners as aforesaid, shall again desire to have his or their Parts, and improve them themselve [...]; that then, and in such case, the Owners or Partners who have repaired or rebuilt s [...]id Mills, shall r [...]nder true and pe [...]fect Accounts of the Cos [...] and Charge [...] of Repairing and Rebuilding as aforesaid, to the o [...]her Partner who has neglected as aforesaid, who upon the P [...]yment of his or their proportionable Part of said Charges, shall and may again Re-enter into such his Part or Proportion of s [...]id Mills;S [...]v [...]ng where a Co [...] a [...]t to the Contrary. saving where there is, or shall be any Contr [...]t to the Contrary.

An ACT requiring the Town Clerks of the several Towns in this Colony, to make Return of Deputies and Iurors after chosen.

WHERE AS several Inconveniencies arise, by Neglect of [...]he Town Clerks, in the resp [...]ctive Towns of this Colony, in making Returns of the Deputies and Iurors to the General Assem­blies and Courts to which they are chosen.

For Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That the Town Clerks of each and every Town in this Colony, shall for the Future make a Return of the Deputies chosen,Town Cle [...]k to give a [...] of t [...]e [...] to ca [...]r [...] to [...] Cour [...], [...] one o [...] [...] and [...]ur [...]s afte [...] chosen. to the next Session [...] of Assembly after chosen, by giving a Copy of the Re­cord to one of the Deputies, to carry with him to said Assembly; and also of Iurors, to the Courts for which they were chosen, by giving a Copy of the Record to one of the Jurors, to carry with him to said Court, upon the Penalty of Five Pounds for each Neglect: To be recovered by the Town Treasurer of the respective Towns where such Neglect shall be committed, by Action of the Case, at the Inferior Court; and that the De [...]u­ties and Iurors to whom the Copy of Record sh [...]ll be delive [...]ed as aforesaid, be under the same Penalty, up [...]n their Negl [...]ct of returning the same, in manner as is above expressed.

[Page 183]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in N [...]w-England, held at East-Greenwich, the third Tuesday in February, 1734.

An ACT for the Crying Horses, Neat-Cattle, and Hogs, within this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That from and after the Publication of this Act, it shall and may be lawful for any Per­son or Persons wi [...]hin this Colony, who shall find any Horses, Neat Cattle, or Hogs, in Damage feasant, within his or or their own L [...]nd [...], within any Town in this Colony,Creatures tak­ [...] in Damage feasant. Notifications to be set [...]p in ten Da [...], by the TownClerk not knowing who the same belongs to, to take any Creature so found, as an Estray, a [...]d within ten Days next after such taking-up said Creature, to repair to the Town Clerk of the Town in which said Creature was taken up; which said Town Clerk shall cause to be made th [...]ee Noti [...]c [...]ions, a [...]tested under his Hand, setting forth [...]he n [...]ural and artificial Marks and Brands of said Creature; one of which No [...]ifica [...]ions shall b [...] set up in the same Town,O [...] in the Town wer [...] [...]a­k [...]n, a [...]d [...] in [...] Town [...] and the other two in some publick Places in the two next neighbouring Towns within this Colony: And any Creature so taken up and strayed as aforesaid, shall by the said Person so taking it up, be kept one Year and a Day: (and case it be a Horse, to have a With kept about his Neck all said Time) And any Person laying just Claim to said Creature, may at any time within said Year and a Day, upon his paying the just and reasonable Charge o [...] Keeping, and Cost of Crying said Creature, have the same again. But in case any Difference shall happen to arise between the said Parties, about the Claim or Charge of Keeping said Creature, the same Difference shall be referred to the two or three next Justices of the Peace within the same Town, who are hereby directed and impowred to hear and determine the same according to Justice and Equity; and their Determination thereon, shall be final. And in case no Owner shall appear wi [...]hin one Year and a Day, the Person or Persons taking said Creatures up,If no Ow [...]r app [...]a [...]s, [...] and proceeding as abovesaid therewith, shall, and may again repair to the Town Clerk, taking with him two go [...]d Fre [...]holders of the Neighbour­hood, who shall be by the said Town Clerk engaged to a f [...]i [...]h [...]ul and exact Apprais [...]l of s [...]id C [...]a [...]ure; and the Person t [...]king up said Creature, shall pay the one [...]lf o [...] th [...] Sum [...] Cre [...]ture is [Page 184] appraised at (after all just Charges are paid) into the Town Cler [...]'s Hand; which said Town Clerk shall give the said Per [...]on a Cer­tificate under his Hand, that he hath proceeded according to Law therewith: And upon the Receipt of such a Cer [...]i [...]icate, the Person who took said Creature, may convert the s [...]me to hi [...] own Use, to do therewith as he pleaseth. And any Person taking any Creature up as aforesaid wi [...]hin this Col [...]ny, and not proceed­ing therewith,An [...] P [...]rs [...]n [...]: Fi [...] Pounds. as by this Act is required, shall forfeit the Sum of Five Pounds in Money; to be rec [...]vered in any Court of Record within this Colony, by Action of Trespass upon the Case, to be brought against him by [...]ny Person that will sue for the s [...]me; the one Half of the Money so recovered, to be put into the Town Treasury, and the o [...]her H [...]lf to be for the Use of the P [...]son who sueth for the same.

AND be it further Enacted by the Authority aforesaid, That each and every Town Clerk sh [...]ll keep fair Records of all their Proceedings, acco [...]ding [...]o this Act; and shall also return all Money by him received for any Creature strayed,Money receiv­ed for Es [...]ay [...] to the Town Tre [...]sury. and for which no Owner appears, into the Town T [...]easu [...]y, immediately on Re­ceipt thereof: And the said [...]lerk shall be paid for every Crea­ture cryed, Three Shillings; and if no Owner appears, and it be appr [...]ised,Town Clerk' [...] Fee [...]. and he gives a Certificate as aforesaid, he sh [...]ll h [...]ve Six Shillings therefor.

An ACT empowering the Town Councils of each respective Town in this Colony, to make such Laws and Orders, as by them shall be thought necessary for the Preserva [...]ion of the Oysters in the Jurisdiction of the several Towns to which they respectively belong.

WHEREAS it hath been sufficiently set forth to this As­sembly, that sundry evil-minded Persons in several Towns in this Government, have for sundry Years past, and s [...]ill do prac­tise the Catching of great Quantities of Oysters to burn into Lime, whereby the same are great [...]y destroyed and diminished, to the great Disadvantage of sundry His Majesty's good Sub­jects in this Colony, who are many Times greatly benefitted thereby.

For Remedy whereof,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That it shall be in the Power of the Town Councils of each respective Town in this Colony, to make such Laws, Acts, and Orders, [Page] [...]s to them shall seem needful and necessary▪ for the Preservation of the Oysters in their respective Towns in this Government;Town Co [...] ­cil [...] Pow [...] re­lating to Oy­sters. and for the Preventing of the aforesaid evil Practice of burning [...]aid Shell Fish into Lime, or otherwise to destroy the same.

AND further it is Enacted by the Authority aforesaid, That the Town Councils aforesaid, shall have Power to put such their Laws, Acts, and Orders by them made, into Execution, and punish the Breakers thereof.

ALWAYS PROVIDED, the said Councils of the re­spective Towns in this Colony, who shall make any Laws, Acts,La [...]ing [...]o greater Fine on others, than on their own Inhab [...]tant [...]. or Orders for the Preservation of the said Shell Fish in their re­spective Towns, do not lay any greater Fines or Restrictions on the Inhabitants of the neighbouring Towns in this Colony, than they lay upon the Inhabitants of the Towns, where any such Laws, Acts, or Orders, are made.

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, held at Warwick, the thrid Monday in August, 1735.

An ACT to prevent the Fish from being hindred in their Course, going up the several fresh Rivers within this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, No Dam o [...] Wair to [...]e ob­s [...]ucted or k [...]p [...] up, [...]o obstruct F [...]h from pas­sing, between the T [...]nth of April and twentieth of Ma [...], with [...]u [...] l [...]av [...]ng a su [...] ­fi [...]ient Way through. That no Person or Persons within this Colony, shall erect, or make any Dam or Wair, across any fresh River, Brook, or Course of Water where any Fish usually pass; nor keep up any Dam or Wair already made across any such River, &c. at any Time between the tenth Day of the Month of April, and the twentieth Day of the Month of May, annually, forever, except such Person shall leave and keep open during all said Time, a good and sufficient Way through said Dam or Wair for to pass and repass. And if any Person or Persons owning any such Dam or Wair, shall not make a suffi­cient Way through his Dam or Wair, and keep it open during the Time abovesaid, it shall and may be lawful for any Freeholder within this Colony, to make his Complaint to any Assistant or Justice of the Peace within the same County, that there is not a [Page 186] sufficient Way for the Fish to pass; which said Justice shall by a Writing under his Hand, sent by a Constable or Town Ser­jeant, notify the Person owning said Dam or Wair, that there is a Complaint entered against him for not opening and keeping a sufficient Way through such his Dam or Wair: And that at such a certain Day, named in said Notification (not to be within two Days from the Date hereof) he with so many other of the Justices of the County as shall see cause, will appear at the Place where said Dam or Wair is, in order then, and there to judge, whether said Way be sufficient through said Dam; and if the major Part of the Justices so met, shall adjudge the Way through said Dam to be good and sufficient,If the Way is judged su [...]ci­ent, the Com­plainer to p [...]y Cost, if not, the Owner, and the Ju [...]gm [...]nt to be fi [...]al. they shall order the Com­plainer to pay all Costs that hath accrued by his needless Com­plaint, and give in their Judgment in Writing, to the Owner of said Dam, that the Way through said Dam is suf [...]ci [...]nt: But if the Justices so met, shall adjudge the Way through said Dam not to be sufficient, they sh [...]ll order the Owner of such Dam to pay all Costs and Charge▪ th [...] have accrued by such his Neglect, and order a sufficient Way to be made through said Dam; which said Judgment sh [...]ll be final: And that the Officer by whom the Notification is sent, shall take a particular View of the D [...]m or Dams against which Complaint is made; and if it appears that the Way is sufficient,Justices to or­ [...]er a suf [...]ci [...]nt Way thro [...] but that it was made so between the Time of the Complaints being made, and the Time of the Examina­tion made by the Justices, that then the Person of whom Com­plaint is made, shall pay all Charges. And if the Owner or Owners of any such Dam,Fine for stop­ping a Way. shall afterwards presume to stop up the Way ordered open by said Justices, or any Part thereof, within the Time aforesaid, any Person so offending, shall for­feit the Sum of Ten Pounds, current Money of this Colony▪ to be recovered by a Warrant of Distress from unde [...] the Hand of any Justice to whom the Truth of the above Fact is made out▪ to be levied in the same Manner as other Distresses within thi [...] Government are.

AND be it further Enacted, That all Persons within this Go­vernment are restricted from fishing in any River or Brook afore­said, three Days, viz. Saturday, Sunday, and Monday, in each Week, during the Time aforesaid (saving with a Hook and Line on Saturday and Monday) And in case any Person or Persons shall be lawfully convicted of fishing on any of the Days aforesaid,No Per [...]on to [...] on S [...]tur­ [...]a [...], Cost. before any Magistrate or Justice of the Peace within said County, he or they shall pay a Fine of Forty Shillings so often as con­victed: And in case the Person so convicted, shall not pay the Money within ten Days, then the Justice shall give a Warrant [Page 187] to the Serjeant or Constable, to distrain so much of the Goods and Chattles of the Offender, as will satisfy and pay the same, with the Cost accruing thereon.No P [...]rso [...] [...] o [...]stru [...]t the Alewives Pas­sage down [...] Rivers, on Pe­nalty of Forty Shillings. And that all Persons within said Government, shall be wholly restricted from catching or hindering any Alewives coming down said Rivers as aforesaid, at all Times in the Year, forever hereafter: And in case any Person shall be convicted of hindering the said Fish com­ing down said Rivers, he shall pay a Fine of Forty Shillings, to be taken as aforesaid: And the one Moiety of all the aforesaid Fines, shall go to the Complainer, or he that shall prosecute the same;Fines, half to the [...] ▪ and half [...]o th [...] Town. and the other Half shall be put into the Town Treasury where such Offence shall be committed, for the U e of said Town: Any Act, Custom, or Usage, to the contrary, in anywise, notwithstanding.

An ACT for allowing a Bounty on Flax raised in this Colony, and empowering the Viewers of Hemp and Flax to administer the Oath, &c.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That there be Four Pence per Pound Bounty allowed on all Flax that shall be raised in this Colony, well manufactured and merchantable;Bounty of Fo [...] Pence per Pound, on [...]l [...]x w [...]ll ma­nufactu [...]ed and merchantable. and that the Viewers of Hemp and Flax throughout this Colony, be, and they are hereby fully empowered, to administer the Oath to every Person presenting either Hemp or Flax to be viewed, that the same was raised in this Colony,Vide Act 1731. and that no Bounty has been received therefor;Vide Act 17 [...] and that that each Viewer have Twelve Pence each Time for his Trouble in viewing and administring the Oath, to be paid by the Person that presents the same.

The Form of the Oath to be as follows,

YOU A. B. declare, That the Hemp or Flax that you here at this Time present to my View,Oath f [...]r the [...] and manufa [...]tur [...]ng in t [...]is Colony. was raised and manufac [...]ured within this Colony; and that the same hath never yet been viewed by any of the Hemp or Flax Viewers; nor any Bounty received thereon▪ upon the Peril of the Penalty of Perjury.

[Page 188]

An ACT empowering the Judges of the Superior Court, at any Time when Necessity requires, to grant Prohibitions against the Proceedings of the Court of Vice-Admiralty, held within this Government.

FORASMUCH as it often happens, that Causes are com­menced and brought forward to the Admiralty Court, and are therein judged and determined, tho' the same are not of a Maritime Nature, and do not properly appertain to the Iurisdiction of said Court: And there being no Provision made for the empowering the Iudges of the Superior Court of Iudicature, &c. within this Colony, to grant Prohibitions out of Term Time, whereby the Pro­ceedings of said Court may be impeded and stopped.

For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That it shall be in the Power of any Four of the Judges of the said Superior Court of Judicature,An [...] four of the [...]udges of the [...] Cou [...]t, a Q [...]orum, to grant Prohi [...]i­tions [...]ut o [...] Term Time. &c. (who are hereby constituted a Quorum) to grant Prohibitions to stop the Proceedings of the said Court of Vice Admiralty, at any Time, in any Cause that shall be therein com­menced, if the same appear not to be of a Maritime Nature, and not properly to appertain to the Jurisdiction of said Court.

A LAW, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in New-England, held at South-Kingstown, the last Wednesday in October, 1735.

An ACT to oblige the Sheriffs of the several Counties within this Colony, and their Deputies, to endorse their Travelling Fees on the Back of the Writs they serve.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That the Sheriffs of the several Counties within this Colony, [...] to en­dorse th [...]ir travelling [...] on the [...] of the W [...]lt [...]. are hereby obliged to endorse on the Backs of all the Writs served by either of them or their Deputies, the Travelling Fees, where any are due, before they make Return thereof into the Clerk's Office, that the Clerks of the Inferior Courts in each County, may be enabled to enter the same in the Bills of Costs; otherwise such Sheriff or his Deputy, shall have no Travelling Fees where the same are not endorsed on the B [...]cks of the Writs as aforesaid.

[Page 189]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations ▪ in N w-England, H [...]ld at Newport, the Second Monday in Iune, 1736.

An ACT to prevent vexatious Law-Suits.

WHEREAS Persons sued for their just Debts, have fre­quently put their Creditors to unjust Charges, by bringing against them cross Actions for no other End and Purpose.

For the Preventing of which unn [...]cessary Suits,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, Tha [...] all Writs issued forth in this Colony, for Goods sold or Service done, or upon any Book Account whatever, shall have inserted in the Body of such Writ respectively, the Sum sued for, Pl [...]intiff to [...] his Account to the Decl [...] ­ration. that the Pe [...]n s [...]ed may know the exact Demand made thereby, or else such W [...]it shall abate, and every Person suing as aforesaid, shall, upon filing a Declaration, annex thereunto, his Account, Defendant [...] Ac­c [...]unt if he pleases. or a C [...]y thereof, that the Person sued, may have the timely Advan­tage of [...]eeing the same; and the Person sued, may, if he thinks fit, annex his Account to the Answer filed to such Declaration, and plead specially thereon, or upon the General Issue, give the Book from which such Account was taken in as Evidence: And in such Cas [...], the Issue to be tryed, [...] to be [...] w a [...] is the jus [...] Ballance. shall be what the just Balance of Accoun [...]s is between Plaintiff and Defendant; and in such Tryal, the Plaintiff upon recovering, shall have Judgment and Ex [...]cu [...]ion for [...]he just Ballance, with Cost, and no more: But if upon such Tryal, there be a Ballance, found due to the Defendant or Pe [...]son sued, he shall recover his Cost,Action arising to [...] his Bal­lan [...]e. and be en­titul [...]d to an Action for the Ballance, which the Court or Jury shall s [...]ttle or make; and no Person upon being sued, shall be allowed to bring in [...]o Court, hi [...] Book or Account taken there­from, to o [...]ain a Deduction or Ball [...]nce as aforesaid,No Account to [...]e allowed [...]. except such Account be annex [...]d to his Answer or Plea as [...]foresaid; but su [...]h Person n [...]gl [...]c [...]ing so to do, shall be put to his Action for re­covering his [...] so far as the s [...]e is just, and not credited for by the Pers [...]n su [...]ng him.

[Page 190] AND be it further Enacted by the Authority aforesaid, That whenever any Person shall first commence a Suit against another to whom [...] is [...], or upon being sued, shall bring a cross Acti [...]n,The Person first suing, [...]o pay [...] o [...] both Suit [...], [...] [...]nd [...]b [...]ed on ballance. by suing [...] Person [...]hat first took out his Writ; such P [...]son, in case his Account consis [...] of no other Articles, or if he recovers no other Sums than what he is credi­ted for, by the Person whose just Demand is the largest, shall pay the Costs of both Suits, which the Courts where the said Causes are tryed, are hereby [...]powered to tax, and further empowered to prevent the Person indebted from taking out an Execution against his Creditor, by deducting the Sum he hath obtained from the Contents of the Judgment obtained against him, and gr [...]nting Execu [...]ion for the Ballance of the two Judg­ments, [...] on­ly for the Bal­lance. and Costs. And the Party recovering the Ballance in his Favour, in all Tryals as afores [...]id, may tax in his Bill of Costs, One Shilling, for annexing his Account to his Declaration or Answer.

T [...]IS Act is not to be deemed, or taken to extend to, or have a [...]y Effect upon the Law already in Force, [...] Law [...] to rel [...]t [...] to [...] Courts. for regulating Try [...] [...] Justices Court, in Points where this and the former Law still vary: But in all Cases upon Book Accounts as aforesaid, commenced at any of the Inferior Courts of Common Ple [...]s in the Colony, shall be the Rule of Proceeding, and until final Judgment A [...]y Law, Custom, or Usage, to the Contrary, notwithstandi [...]g.

AND be it further Enacted by the Authority aforesaid, That a Law of the Colony, made and pass'd by the General Assembly, at their Ses [...]ions, on the last Wednesday of October, 1729, enti­tled, An A [...]t for preventing the Inhabitants of this Colony, from being defrauded by those Persons that have left or shall leave this Colony; which Act (it is conceived, destroys the Nature of Spe­cialties) shall be, and it is hereby repealed.

An ACT to prevent the Fish from being hindered in th [...]ir Courses, of going into Point-Iudith Ponds, and Petaquamscut River.

WHEREAS the Town of South-Kingstown, in King's County, did, by Petition set forth to this Assembly, That the Fish are of late ve [...]y much obs [...]ruc [...]ed in going into Point-Judith Ponds, and Petaquamscut River aforesaid; and that the same is [Page 191] occasioned by drawing Nets and Saynes for taking the Fish in the Channels near to the Breach or Mouth of said Ponds, and the En­trance of said Ri [...]er, which is [...]ery prej [...]dicial to the [...]nhabitants of said Town, and to the Colony in general.

For Remedy whereof for the Future,

BE IT ENACTED by t [...]e General Assembly of this Col [...]ny, and by the Authority of the same, it is Enacted ▪ That f [...]m [...]nd after the Publication of this Act,No Person f [...]om the first of [...] to the first of Ja­nuary, to d [...]aw or set an [...] Sa [...] [...]t Point Judith no Person or Persons sh [...]ll at any tim [...] from the first Day of August, to the first Day o [...] Ianuary, in every Year hereafter, draw or set any Net or Sayne, for the Catching or Haling any Fish whatever, within the Ex­tent of half a Mile distance from Point-Iudith Breach, in the S [...]a, nor within the Breach, as far up as an Island in the Ponds, commonly called Mumford's-Island, or the Great-Island, nor i [...] the Channel at the South West End thereof: Neither shall any Person or Persons, within the Time before-mentioned, in every Year hereafter, draw or set any Net or Sayne, for the Catching or H [...]ling any Fish whatever, within the Extent of half a Mile of each Side of the Entrance of said Petaquamscut River in the Se [...], nor within said River,Or within half a Mile of Pe­taq [...]mscut Ri­ver. until they come Forty Rod [...] up into the Pond called Petaquamscut Pond. And in case any Person or Persons shall be lawfully convicted of committing any such Of­fence as aforesaid, before any Magistrate or Justice of the Pe [...]ce within said County, he or they shall severally pay a Fine of For [...]y Shillings, so often as convicted. And in case such Person or Persons so convicted, shall not pay the Money thereupon, then such Assistant or Justice shall give a Warrant to the Serjeant or Constable, to distrain so much of the Goods and Chattles of the Offender or Offenders, as shall satisfy and pay the same, with the Costs accruing thereon; and for want thereof, such Offender or Offenders shall be committed to Prison, and there remain until such Judgment is satisfied: And the one Moiety of all such Fines shall go to the Complainer, or he that shall prosecute the same; and the other Half shall be put into the Town Treasury, where such Offence shall be committed, for the Use of said Town.

[Page 192]

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, held at Providence, the last Wednesday in October, 1736.

An ACT for making the Real Estates of Persons that have left this Colony, or conceal themselves therein, or do not live in this Government, liable to the Payment of Debts.

WHEREAS it often happens, that Persons who are indeb­ted to the Inhabitants of this Colony, and to others, move or live out of the same, or conceal themselves therein, so that neither their Bodies nor personal Estate can be come at, to satisfy said Debts▪ and no Provision is made by Law, for attaching the Real Estate of such Persons, whereby it often happens, that Persons are kept out of their just Debts.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That when a Writ is taken out against any Person or Persons, whose Bodies or personal Estates cannot be found within this Colony,The Words R [...]al Est [...]te to be add [...]d in t [...]e Writ. the Words (or Real Estate) may be added in the Writ next to the Words, Goods and Chattels ▪ and the Officer to whom the W [...]it is directed, may attach the Real Estate of the Person or Persons indebted as aforesaid, in the same Manner as has been heretofore customary to attach Personal Estates: And the Officer upon attaching Real Estates as aforesaid,A Copy to [...]e lef [...] with the Person in Pos­se [...]sion. shall leave a Copy of the Writ by which the same is attached, with the Person or Persons in Possession thereof; but if no Person is in Possession, then the Officer shall set up Notifications thereof, in three publick Places in the Town where such Estate lies; and if such Person or Persons,Act [...]on to [...] one T [...]m, [...] need be. whose Re [...]l Est [...]te shall be attached as aforesaid, shall not appear, the Court (i [...] need be) may con­tinue the Suit for one Term; and if the Defendant make De­fault, the Plaintiff, after having m [...]de l [...]wful P [...]oof, that the Debt is justly due, shall recover Judgment [...]inst the Defendant, and shall have Execution granted a [...]inst the Real Estate at­tached as aforesaid: And the Sheriff, after having levied Ex­ [...]cution on said Real Estate, [...]. shall set up No [...]i [...]ications in three or more publick Places in the Town where such Estate lies, for the Space of three Months, after Exe [...]ution is levied, before the [Page 193] same is exposed to sale, notifying all Persons co [...]rned, of the whole Proceedings, that thereby the Owners of [...]aid Estate may have Time and Notice to come in and redeem the same;Es [...]at [...] to [...] r [...]deeme [...]. but if no Persons appear to redeem said Estate, then the Sheriff shall sell the same,If no [...], to [...]e sold [...] a pub­lick V [...]du [...]. Vide Act 1737. or so much as is sufficient to satisfy the Judgment obtained, and the Costs, at a publick Vendue: And a Deed by him given thereof as Sheriff, shall make to the Buyer a good Estate in Fee Simple. And what shall remain of the Price of said Estate, after all the Judgments against it are satisfied, with the Costs thereon, shall be lodged in the General Trea­sury for the Owner thereof, and liable to be attached for other Debts;Vide Act 1 [...]3 [...] and the Sheriff shall be allowed One Shilling for each Notific [...]tion set up as aforesaid: And in all such Cases, where Exec [...]ion is taken out upon any Judgment where Land is not attached, in case no Personal Estate can be found, the Party ob­taining such Judgment, may levy Execution on Real Estate, in manner as aforesaid.

An ACT against Bribery, and Corruption in voting for Officers in this Government.

WHEREAS it hath been found by Experience of pernici­ous Consequence, by Persons, some giving and others receiv­ing Money, or some other Reward for voting for Officers, whereby they have been induced and urged to vote and act contrary to their Inclinations and Iudgments; by Means whereof, the other Free­men and Inhabitants of the Government, entirely lose that Privi­lege and Right which by the Charter and the Laws of the Govern­ment, they are well intituled to.

For the Prevention whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That from and after the Publication of this Act,No Reward to b [...] offered in voting. no Person under any Colour or Pretence whatsoever, shall offer or promise any Free­man living within this Government, any Sum or Sums of Money or any other Reward, to vote for any Officer whatsoever, under the Penalty of forfeiting double the Sum offered or promised, upon Conviction thereof before any one Assistant, Warden, or Justice of the Peace; one Half thereof to be appropriated to and for the Use of the Poor of the Town where suc [...] Offence shall be committed, the other Half thereof to the [...], who shall inform or sue for the same.

[Page 194] AND be it further Enacted, That whoever shall receive any Money or other Reward, or shall vote upon any Promise made, or for any Money or other Reward,Or re [...]ived. for any Officer within this Government, shall forfeit double the Sum or Thing received or promised: And upon Conviction thereof in Manner as aforesaid, to be appropriated in the [...]ike Manner. And the Person herein offending, shall thereafter for the Space of Three Years, be ex­cluded and debarred from voting for any Officer whatsoever.

And for the rendering this Act still more effectual,

It is Enacted, That where any Person shall be prosecuted for a Breach of this Act, where there is not otherwise sufficient and plenary Proo [...],Persons to [...]e cleared by their own Oath. the Party prosecuted, shall be required to purge himself by his Oath; which if refused, it shall be deemed and adjudged that he is guilty of the Fact charged; and Judgment shall pass accordingly.

An ACT prohibiting the several Courts within this Colony, from allowing Interest in the Iudgments made up on Bonds sued, in behalf of this Colony.

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That for the Future, there be no Interest allowed by [...]ny of the Courts with [...]n this Government,No Interest on Bonds, sued in [...]ehal [...] of t [...]e Colony. in Judgments made up on any Bonds that shall be sued in behalf of the Colony, by the Grand Committee or General Treasury.

An ACT for augmenting the Bounty on destroying of Bears in this Colony.

WHEREAS great Damage is yearly done by Bears in this Colony, by killing of Sheep, &c.

BE IT ENACTED by the General Assembly of thi [...] Colony; and by the Authority of the same, it is Enacted, That the Bounty on Bears Heads be augmented to the Sum of Three Pounds for eac [...] [...] every Bear that shall be hereafter killed with­in this Colony;Thr [...]e P [...]un [...] f [...]r [...]ach Bear' [...] [...]. Vid [...] Act 1 [...]44▪ [...]o be paid out of the General Treasury as here­tofore.

[Page 195]

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in N [...]w-England, held at Newport, the last Wednesday in February, 1736.

An ACT, stating the Fees of the Clerks of the General Sessions of the Peace in this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That the Clerks of the several Courts of General Sessions of the Peace in thi [...] Colony, [...]e allowed, and take the same Fees as are allowed to the Clerks of the Inferior Courts of Common Pleas, where none are already stated.

An ACT for enabling the several Courts in this Colony to allow and tax Costs in all Criminal Actions.

BE IT ENACTED by the General Assembly of this Colony and by the Authority of the same, it is Enacted, That it shall be in the Power of the Court of Assiz [...] ▪ Courts of the General Sessions of the Peace, and all Justi [...] Courts within this Colony, to allow and tax such further reason­able Costs in all Criminal Cases, as well as others, where none are yet stated, against all Persons that shall hereafter be convicted of any Crimes within said Colony; [...] that all Constables, and other Inferior Officers, who sha [...] hereafter attend on any of said Courts, and also for all Ser [...]ices in any of said Ca [...]es, shall be allowed therefor. Any La [...], Custom, or Usage, to the Contrary, notwithstanding.

[Page 196]

An ACT to oblige the Commission Officers in the Militia, to train, unless they have served Five Years, or excused by the General Assembly.

WHE [...]EAS it is common for Persons to take Offices in the Militi [...], and keep them for a short Time, and then refuse to accept the same, for no other Reason, but to be excused from Train­ing thereafter.

For the Prevention whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That no Persons in Commission in the Militia,Military O [...] ­cers, who [...]y down th [...]ir Commission, not to be [...]xcu­sed from train­ing. shall be excused from training, for having had an Office in the Militia, if they lay the same down, unless they have served Five Years, or are excused by the General Assembly (but if left out against their Will, then to be excused as heretofore) and shall be subject to the same Rules and Orders, as other Persons in the Militia are. Any Law, Cu­stom or Usage, to the Contrary hereof, in anywise, notwith­standing.

LAWS, Made and pass'd by the General Assembly of His Maj [...]y's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held by Adjournment, at Newport, the Second Monday in Iune, 1737.

An ACT stating the Fees of the Grand Iurors.

WHEREAS the Custom in this Colony, of allowing and paying the Expences of the Grand Iury, while attending on the several Courts, out of the General Treasury, is found to be very prejudicial to the Government, their Bills being often very extravagant.

[Page 197] For Preventing whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That for the Future,Grand Jurors [...]. each and every Grand Juror shall be allowed and paid out of the General Treasury, the Sum of Six Shillings per Diem, for their Attendance on the several Courts in this Colony, and they to defray their own Expences: And those Jurors that live out of the County where the Court that they attend on is held, shall be allowed for one Day coming, and one Day return­in [...] to and from said Court; and the same to be certified by the P [...]sident thereof.

An ACT for repealing an Act, entituled, An Act for Docking and Cutting off Estates Tail.

BE IT ENACTED by the General Assembly of this Colony; and by the Authority of the same, it is Enacted, Repeal of the Act for Dock­ing Estates Tail That the Act made and pass'd by the General Assembly, at their S [...]ssions, held at Newport, within and for said Colony, on the third Tuesday of Iune, A. D. 1725, entituled, An Act for Dock­ing and Cutting off Estates Tail, pursuant to the Laws of Great-Britain, be, and it is hereby repealed, made null and void, and of no Effect for the Future.

An ACT for the Making of Thirty Thousand Pounds in Bills of publick Credit, for the Exchanging of torn Bills.

WHEREAS the Bills of publick Credit of this Government, have been much defaced, and the same torn in Halves and Quarters, so that the true Value thereof, could not be known and distinguished by Persons receiving the same, which has been a Means of such Persons being much imposed upon, and hurt thereby.

For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony and by the Authority of the same, it is Enacted, That the Sum of Thirty Thousand Pounds, in Bills of Publick Credit of this Colony,Thirty Thou­sand Pounds [...] exchange torn Bills be forthwith impress'd and signed by the Grand Committee, and lodged in the General Treasury, in order to exchange the torn Bills, and such as are Halves and Quarters: And that Samuel Vernon, Esq be improved to pro­cure [Page 198] Materials, and get the Plates cleaned or new cut, as Ne­cessity may require, and impress said Bills, provided the Grand Committee and he can agree upon Terms: And if he be im­proved by them, that he draw One Hundred Pounds out of the General Treasury, to procure Paper with, for the Purpose afore­said. And that Ten Thousand Pounds thereof, be made upon the Plates of Ten Shillings and under; and the Remainder upon the other Plates.

AND it is hereby further Enacted, That all the Halves and Quarters of the Bills of this Colony, be brought into the General Treasury, in order to be exchanged, from and after the first Day of October next, to the first Day of Ianuary, then next ensuing; after which Time, the General Treasurer is hereby restricted to receive any Halves or Quarters of Bills, into the General Trea­sury.

An ACT to prevent the Drawing of any Net or Seine, for the Catching of Perch, in the Pond, commonly called or known by the Name of Easton's Pond in Newport.

WHEREAS several Persons of late, have drawn their Seines and Nets in the Pond (called Easton's Pond) and in the Creek running out of said Pond into the Sea, and have caught great Quantities of Perch, and the same have car [...]ied into the Market, and sold; and oftentimes have taken a greater Quantity then they could dispose of; which Practice is found by Experience, to be very prejudicial to the Inhabitants of the Town of Newport, and will if not prevented, finally end in the Destruction of said Fish.

For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That from and after the Publication of this Act, no Person or Persons whatsoever, shall under any Pretence whatsoever,No Se [...]ne or N [...]t to be drawn in Ea­ston's Pond. draw any Seine or Net in the aforesaid Pond or Creek adjacent, or any of the Rivers be­longing thereto, for the Catching of any sort of Fish in said Pond, Creek, or Rivers as aforesaid, under the Penalty for every such Offence as aforesaid, to forfeit the Sum of Twenty Pounds; to be recovered before any two of the Justices for said Town, upon [Page 199] Information thereof made, who are hereby fully impowered to have Cognizance of the same; the Half whereof, shall be appro­priated to and for the Use of the Town where such Offence shall be committed, the other Half thereof to the Informer who shall inform and sue for the same. And for the more effectual Disco­very of Offenders against this Act, where there is not plenary and sufficient Proof, the Party prosecuted for a Breach of this Act, shall purge himself by his Oath or Engagement; which if re­fused, it shall be deemed and adjudged, that he is guilty of the Fact charged against him; and Judgment shall pass accordingly,

An ACT exempting the Persons appointed to work the Engines in Newport, from several Duties. And for the more Effectual putting in Force, An Act for the Town of Newport, made for exempting said Persons from other Duties therein mentioned.

WHEREAS the Town of Newport have been at the C [...]arge of purchasing two Engines, to suppress Fire; and by an Act passed in said Town, the 28th Day of July, 1736, re­specting the regulating said Engines, among other Things, it is Enacted, That a Request be made to the General Assembly, that such a Number of Men be exempted from Training and Serving as Tales Iurymen in any of the Courts held at Newport aforesaid: And that any two of the Iustices of said Town, be empowered to take Cognizance of any Penalties that shall incur upon the Breach of said Town Act.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same, it is hereby Enacted, Fire Engine Men to be ex­cused from Training or serving as Ju­rors. That all such Persons as shall be appointed for the Working said Engines, be (during their being in such Service) exempted from Training or Serving as Jurymen in any of the Courts held in the Town of Newport. And for the better Ob­servation of the Act of said Town, any Two of the Justices for said Town, are hereby empowered to take Cognizance of the Breaches of any Part of said Act, to make up Judgment pursuant to the same, and to award Execution for the Penalties incurr'd thereby: And that any Person that shall think himself aggrieved at the Determination of said Court, shall and may have an Appeal to the next Inferior Court of Common Pleas, as in other Cases is customary.

[Page 200]

LAWS, Made and past by the Gene [...]al Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, held at South-Kingstown, the last Wednesday in October, 1737.

An ACT enlarging the Fine on Offenders for Breach of an Act made and pass'd the last Wednesday of October, A. D. 1731, For preventing Mischief being done in the Town of Newpor [...], or in any other Town in this Government, by firing of Guns, Pis [...]ols, and throwing of Squibs, Fireworks, &c. in the Stre [...]s or Lanes of the Town of Newport, or other Towns, or in an, Tavern in any Town in this Colony.

BE IT ENACTED by the General Assembly, and by the Authority thereof, it is Enacted, That from and after the Publication hereof, if any Person or Persons shall be guilty of the Breach of said Act,Five Pound Fine, against [...] &c. and be thereof legally convic­ted before any three Justices, such Offender shall be fined, and pay for the first Offence, Five Pounds, and for the second Offence Ten Pounds; and the same to be appropriated as is directed in said Act; and for the third Offence, such Offender shall be im­prisoned for the Space of one Month. And that this Act be pub­lished in the Town of Newport, as soon as conveniently may be, after the Rising of this Assembly.

An ACT for ascertaining the Bounds of the [...]mpact Part of the Town of Newport, as to Watching in T [...]me of Peace.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, That for the Future, [...]unds of the compact Part of [...] Town of Newport. the Line for dividing the compact Part of the Town of Newport from the other Part thereof, shall run as fol­loweth (viz.) Beginning at the South West Corner of Samuel Dyre's Land that joins to the Sea, from thence to extend Easterly as his Southerly Line runs, until it comes to the South East Cor­ner of said Samuel Dyre's Land; and from thence running and extending upon a straight Line, to the Southerly Corner of Richard Long's Land where his House now stands; from thence to extend upon a straight Line, to the Easterly End or Head of the Southermost Lane, that runs Easterly out of the Lane that leads down to Benjamin Coggeshall's in the Neck; and from [Page 201] thence running and extending Westerly, upon a straight Line down to the Place where Ioshua Babcock's Northerly Line of his L [...]nd runs into the Sea or Salt Water: All the Land contained within said Lines so described as aforesaid, shall be deemed and accounted the compact Part of the Town of Newport, as to Watching in Time of Peace.

LAWS, Made and p [...]s'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, Held by Adjournment, at Newport, the Fourth Tuesday in November, 1737.

An ACT appointing a Fifth Iustice in each of the Inferior Courts.

WHEREAS sundry Inconveniencies attend the being of an even Number of Iustices of the Inferior Courts of Com­mon Pl [...]as in this Colony, as where there are offered Pleas in Abatement or Bar, on which the Court is divided in Opinion, the Action proceeds, and is suffered to go to the Iury, to the great Disadvantage of the Defendant; and it oftentimes hap­pens, that the Iury returns a Special Verdict, whereon the Court is to give a Iudgment and Determination agreeable with Law; but being divided in Opinion, the Action is continued from one Term to another, and thereby is occasioned a great Delay in Iustice, and the Plaintiff stopped from the Recovery of his just Right.

For Remedy whereof for the Future,

BE IT ENACTED by the General Assembly, A Fifth Justice added to [...]ach of the [...] Cou [...]ts. That a a Fifth Justice be added to each of the Inferior Courts of Common Pleas in this Colony, who is to be commissionated in the same Manner as the other Justices of the Inferior Courts already are: And that Two Shillings and Six Pence be added to the Entry of every Action brought to the said Inferior Courts, excepting what are by the Grand Committee, and General Treasurer, when there shall be an Addition of Fifteen Pence and [...] more, to every such Action entred.

[Page 202]

An ACT empowering the Town Councils of the several Town [...] within this Government, to take Bonds from Administrators, for the Rendring of Accounts of their Administration on the Estates of Persons dying Intestate.

WHEREAS by the [...] of this Colen now in Force, di­recting the Town Councils in the Receiving of Bonds from Administrators, for the rendring Accounts of their Administra­tion of the Estates of Persons dying Intestate, and Administrators cum Testamento annexo, hath been by Experience found prejudicial, the Form of said Bonds being for the Administrator's rendring an Account to the Town Council, when thereunto lawfull [...] required; and it hath often happened, before the Town Council have Oppor­tunity so to do, the Administrators have died: And it being a per­sonal Duty incumbent on them, the Bond is thereby become vacated, so that Orphans and other Persons interested in said Estates, have been great Losers.

For the Remedy whereof for the Future,

BE IT ENACTED by the General Assembly, and by the Authority thereof, it is Enacted for the Future, Tha [...] the Town Councils for the several Towns within this Government, are hereby directed and empowered to take and receive from any Administrator or Administratrix of the Estate of any Person dy­ing Intestate, Administrators to give Bond, to account in [...]2 Months. or Administrators cum Testamento annexo, a good and sufficient Bond with two Sureties for his or her faithful Ad­ministration of said Estate; and to render an Account thereof to the Town Council, within Twelve Months after the Granting of the Letters of the Administration. The Conditions of said Bond, shall be in the Terms hereafter expressed.

THE Condition of this Obligation is such, That if the within bounden A. B. Administrator of all and singular the Goods, Chattels and Credits of C. D. deceased, do make or cause to be made,Form of the Bo [...]d. a true and perfect Inventory of all and singular the Goods, Chattles and Credits of the said Deceased, which have or shall come to the Hands, Possession, or Knowledge of him the said A. B. or into the Hands and Possession of any other Person or Persons for him; and the same so made, do exhibit, or cause to be exhibited to the Town Council, on or before the Day of next ensuing: And the same Goods, Chattle [...] or Credits, and all other the Goods, Chattles and Credits of the said Deceased at the Time of his Death, and which at any Time after shall come to the Possession of the said A. B. or into the Hands and Possession of any other Person or Persons for him, do well and truly administer according to Law. And farther do make or cause to be made, a true and just Account of his said Administration, at or before the Day of Then the above Obligation to be void and of none Effect, otherwise to be and remain in full Force and Virtue.

[Page 203]

An ACT in Addition to an Act made and pass'd the l [...]st Wednesday of October, A. D. 1727, Enabling the Town Councils of the several Towns within this Colony, to receive or reject any Persons from being Inhabitants of the sa [...]e.

WHEREAS there is no Provision made in said Act, to enable said Town Council to carry any Person out of Town, if rejected.

BE IT THEREFORE ENACTED by the General Assembly of this Colony, and by the Authority of the same, it is Enacted, To [...]n [...] o [...] Tow [...], [...] rej [...]c [...]d to [...]. That it shall and may be lawful for each and every of the Town Councils within this Colony, when any Person or Persons are before them, and rejected to be an Inhabitant in said Town, then and in such Case, by Warrant under the Seal of the Council, s [...]gned in their Behalf by the Clerk of the said Council, directed to the Town Serjeant or Constable of said Town, to carry said Person or Persons out of said Town when rejected as aforesaid, and delive [...] the Person to some lawful Authority obliged by Law to receive him or them; and that the said Councils and al [...] Officers under them, in the Manner of carrying said Persons, be governed according to the Law of England and this Colony, in such Case [...] made and provided.

An ACT setting forth the Form of a Deed to be given by the Sheriff, for Lands sold by him, after being attached for satis­fying Debts.

WHEREAS by the Law of this Colony, impowering the Sheriffs to attach Lands for the satisfying of Debts, the Sheriff is directed to give Deeds of the Lands so attached; but no Form of such Deeds hath yet been prescribed by Law.

BE IT THEREFORE ENACTED by the General Assembly, and by the Authority of the same, it is Enacted, That the following shall be the Form of the Deed to be given by the Sheriffs for such L [...]nds and Real Estate as shall be attached by the Sheriffs, and sold for Satisfaction of the Debts sued for; and the same shall be sufficient to pass such Estate to the Buyer thereof, viz.

[Page 204]TO All People to whom these Presents shall come, A. B. Esq Sheriff of the County of N. in the Colony of Rhode-Island, &c. sends Greeting.Fo [...]m of a D [...]d to be given by the Sheriff. Whereas there is an Act of the Ge­neral Assembly of the Colony of Rhode-Island aforesaid, made and pass'd at their Sessions, held at Providence, within and for said Colony, on the last Wednesday of October, A. D. 1736, entituled, An Act for making the Real Estates of Persons that have left this Colony, or conceal themselves therein, or don't live in this Government, liable to the Payment of Debts; by Virtue of which said Act, the Lands or Real Estate of has been attached, at the Suit of of and Judgment obtained by the said against the said at the last Inferior Court of Common Pleas, held at within and for the County on the Tuesday of

Since which, Execution has been levied upon said Lands, and the same sold at a Publick Vendue, and all the Steps of the afore-mentioned Act of Assembly, hitherto exactly pursued. Now Know Ye, That I the said A. B. Sheriff as afores [...]id, for and in Consideration of the Sum of to me in my said Capacity, in Hand before the Ensealing hereof, well and truly paid by of who was the Highest Bidder; the Receipt whereof, I do hereby acknowledge, and myself in said Capacity, therewith fully satisfied, cont [...]nted and paid, and thereof, and of every Part and Parcel thereof, do exonerate, ac­quit, and discharge, the said his Heirs, Executors, Administrators, and Assigns, for ever, by these Presents. Have, in my said Capacity, given, granted, bargained, sold, aliened, en­feoffed, conveyed and confirmed; and by th [...]se Presents, do fully, freely and absolutely, give, grant, bargain, s [...]ll, alien, enfeoffe, convey and confirm, vnto him the said his Heirs and Assigns for ever, one certain Piece or Parcel of Land, being of the Estate of the said attached as aforesaid, To have and to hold all the above-granted and bargained Premises, with all and singular, the Rights, Profits, Privileges and Appurte­nances to the same belonging, or in anywise appertaining unto him the said his Heirs and Assigns for ever, to his and their only proper Use, Benefit and Behoof for ever. And I the said A. B. as Sheriff as aforesaid, do hereby covenant, promise and grant, to and with the said his Heirs and Assigns, that at and before the Ensealing hereof, I am lawfully seized and possessed of all the above-granted and bargained Premises; and have in myself as Sheriff as aforesaid, by Force and Virtue of the aforesaid Act of Assembly, good Ri [...]t, full Power, and lawful Authority, to grant, bargain, se [...], convey and confirm said bargained Premises in manner as above [...]id: And that the said his Heirs and Assigns, [...] and [...] f [...]m [...]ime to time, and at all Times for ever here [...]er, by Force and Virtue [Page 205] of these Presents, lawfully, peaceably, and quietly, have, hold, use, occupy, possess and enjoy, all the above-granted and bargain­ed Premisses, with the Appurtenances free and clear; and freely and clearly acquitted, exonerated and discharged of and from all and all manner of former or other Gifts, Grants, Bargains, Sales, Leases, Mortgages, Wills, Entails, Iointures, Dowers, Judg­ments, Executions, Extents, and Incumbrances, whatsoever. Furthermore, I the said A. B. as Sheriff as aforesaid, do hereby covenant, promise and engage to warrant, secure and defend, all the above-granted and bargained Premisses, unto him the said his Heirs and Assigns, against the said his Heirs and Assigns, and against the lawful Claims and Demands of all and every other Person or Persons whatsoever, claiming or to claim, from, by, or under him, them, or any of them, for ever hereafter. In Witness, &c.

LAWS, Made and past by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, held by Adjournment, at Newport, the Fourteenth Day of February, 1737.

An ACT in Addition to an Act, made and pass'd by the Ge­neral Assembly, at their Sesssons, held at Providence, within and for the Col [...]ny aforesaid, on the last Wednesday in October, A. D. 1736, entituled, An Act for making the Real Estates of Persons that have left this Colony, or conceal themselves therein, or do not live in this Government, liable to the Pay­ment of Debts.

WHEREAS there is no Provision made in the afores [...]id Act, what Proceedings shall be had on any Iudgment obtained against such Person leaving the Government, or concealing him­self therein, as is mentioned in the aforesaid Act, on an Attach­ment of such Person's Real Estate by mean Process, where the Sheriff i [...] Plaintiff in such Suit.

[Page 206] BE IT ENACTED by the General Assembly, and by the Authority thereof, it is Enacted, That where the Sheriff, [...]own S [...]r [...]eant to [...] wh [...]n the Sh [...]riff inPlain­tiff. either as Plaintiff or Defendant, shall obtain a Judg­ment in his Favour against any Person leaving the Government, or concealing himself as aforesaid, that in such Case, the Town Serjeant where the Estate attached lieth, is hereby fully em­powered and authorized to levy Execution on said Person's Real Estate, and to expose the same to sale at a Publick Vendue, and to give a good Deed thereof to the Buyer, and to act and do as fully and amply, to all Intents and Purposes, as the Sheriff may and ought, in all those Cases where he is not interested.

An ACT for the better Securing of the Payment of the Interest due on the several Banks of Money emitted by this Government.

WHEREAS at the Emitting of the several Banks of Money, no other Security was then taken for the Interest of the Money borrowed of this Colony on Loan, saving the personal Security of such who received those Sums. And it having often­times happened, that those who did hire of the Colony aforesaid, and mortgaged their Lands, did sell and convey the Lands so mortgaged, to other Persons, who have heretofore taken up those Mortgages, and in their own Name, pledged the same for the Principal; but as to the Interest, no Provision being yet made, and the Persons receiving the Money from the Colony as aforesaid, removing out of this Government, thereby the Interest hath been entirely lost.

For the Prevention whereof,

BE IT ENACTED by the General Assembly, and by the Authority thereof, it is Enacted, That for the Fu­ture,Purc [...]asers of Land mortga­ged to the Co­lony, to give [...]ond for Prin­cipal and In­t [...]rest, the Grand Committee is hereby restricted from re­ceiving of any Person any Deed of Mortgage in exchange of any other formerly given by any Person, who shall have disposed of his Land as afore [...]id, unless the Party tendering such Deed will likewise give Bonds to the Grand Committee to pay the Prin­cipal by Tenth [...], yearly, and likewise give Bond [...] to the Treasurer, for the Payment of the whole Interest of the Money due on such Principal Sum received by the Prior Mortgage, and carry a Cer­tificate from the Treasurer to the Grand Committee, that he hath complied with the Directions of this Act.

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LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence Plantations, in New-England, held at Newport, the first Wednesday in May, 1738.

An ACT in Addition to an Act for the Making of Thirty Thousand Pounds, to exchange torn Bills of Publick Credit.

WHEREAS the Thirty Thousand Pounds ordered to be made by the General Assembly, at their Sessions, held by Adjourn­ment at Newport, within and for the Colony aforesaid, on the Second Monday in June last past, for exchanging the Halves and Quarters of the torn Bills is thought not to be a sufficient Sum for that Purpose.

IT Is Therefore Voted and Resolved, That Ten Thousand Pounds more be impressed upon the large Plate,Ten Thousand Pounds e [...]itted to exchange torn Bills. by the same Person appointed to do the other, and signed by the Grand Committee, and lodged in the General Treasury as soon as may be, in order to exchange the Halves and Quarters of Bills torn as aforesaid, and to be under the same Regulation as the said Thirty Thousand Pounds.

An ACT enabling and appointing the Trustees or Guardians to lease out the Lands, &c. belonging to the Sachem in the Narraganset Country.

WHEREAS George Ninigret, Brother, and Kate the Wi­dow of the late Sachem, Charles, deceas'd, in Behalf of her Son by said Charles Sachem, and the old Queen, Mother to the said Charles and George, with divers Indians belonging to their Tribe, did petition the General Assembly to appoint His Honour the present Governor, Major Thomas Fry, Col. Joseph Stanton, and Col. John Potter, Trustees, in order to lease out the Lands, and to take Care of the other Interest belonging to said Sachem and Family, which greatly suffered for want of some Persons being appointed for that Purpose.

Upon Consideration whereof,

IT IS Voted and Resolved, That the Honourable Iohn Wanton, Esq Governor, Major Thomas Fry, Col. Ioseph Stanton, Trustees ap­pointed to leas [...] out the Sache [...] [...]. Vid [...] Act 1717· and Col. Iohn Potter, be, and they are hereby appointed, Trustees or [Page 208] Guardians, to oversee and lease out the said Lands, as they shall judge to be most beneficial: And they or any three of them, are hereby empowered and authorized to dispossess any Person or Persons that shall be in the Possession of any of the Premisses, and refuse to accept and hire said Land by Lease, upon such Terms as the said Trustees or Guardians, or any three of them, shall think proper, they not granting a Lease for any longer Term than Seven Years; and the Charge thereof to be paid out of the Rents and Profits of said Lands. The said Trustees or Guardians to render an Account of, and surrender up their Trust to the General Assembly, when thereunto required.

LAWS, Made and pass'd by the General Assembly of His Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England, held by Adjournment, at Newport, the Twenty Second Day of August, 1738.

An ACT for dividing the Town of Westerly into Two Towns, and the same to be known and distinguished by the Names of Westerly and Charlestown.

WHEREAS the present Town of Westerly is very large, and its Inhabitants are numerous, many of whom live at a very remote Distance from the Place of Meeting appointed for the Transacting the publick and prudential Affairs of the Town: And the Rivers there (especially in the middle Part thereof) being very large, so that the Way to said Meeting is rendered Difficult as well as Dangerous, and many of the Inhabitants are thereby often impeded and hindered in attending thereon, which proves a great Injury and Hurt to them.

And whereas the said Town is well scituated, and lies commo­dious for a Diviosin into two Towns; which will tend to the ge­neral Interest and Advantage of all its Inhabitants.

BE IT ENACTED by the General Assembly of this Colony and by the Authority thereof, Westerly divi­d [...]d. it is Enacted, That the Line for dividing of the said Town, be as follows, viz. be­ginning Northerly where Wood River enters the Line between [Page 209] said Town of Westerly and North-Kingstown, and so running by the natural Course thereof, so far until said River emptieth itself into a River called Pawcatuck, and then to run or extend as sai [...] Pawtucket River runs by the Banks thereof Westward three Miles, and from thence a South or Southerly Course to the Sea: And that for the Future, the Town of Westerly extend no far­ther Eastward than the aforesaid Line.

AND be it further Enacted by the Authority aforesaid, That all the rest of the said Lands heretofore called Westerly, scituate, l [...]ing, and being to the Eastward of the aforesaid Line, be, and they are hereby incorporated and erected a Town, and called and distinguished by the Name of Charlestown. Charlestown in­corporated. And that the Inha­bitants thereof, have all the Liberties, Privileges, and Immuni­ti [...], in the same Manner as the other Towns in the Government enjoy by Charter.

AND be it further Enacted by the Authority aforesaid, That Ieremiah Gould, Iohn Rice, and William Green, Esqrs; be ap­pointed a Committee to run the Line between the aforesaid Towns, and erect and make thereon proper Monuments and Bounds for distinguishing the same, and to perform the same [...]orthwith.

AND be it further Enacted by the Authority aforesaid, That the Justice of the Peace in the Town of Charlestown, as soon as conveniently may be, issue forth a Warrant to summon in the Preemen to elect and make choice of the Town Officers, for the Management of the prudential Affairs of that Town, and also for the Choice of two Deputies for said Town, to represent the same at the General Assembly in October Sessions next, and so on from time to time, as by Charter is appointed; and that the Town of Westerly send two Deputies, to be chosen in manner as usual.

AND be it further Enacted by the Authority aforesaid, That each of the said Towns have their Proportion of the Interest of the Bank Money appropriated for the Towns in this Colony, in the same Proportion, and according to the Sums that the Lands in each Town are mortgaged for.

AND be it further Enacted by the Authority aforesaid, That the Town of Westerly send three Grand Jurors to attend on the General Sessions of the Peace for the County of King's County, [Page 210] and two Petit Juro [...]s to attend at the Inferior Court for said County. And that the Town of Charlestown send two Grand Jurors to attend on said Court of General Sessions of the Peace, and two Petit Jurors to attend on said Inferior Court.

AND it is likewise further Enacted, That the Towns of Westerly and Charlestown, shall each send to the Superior Court, one Grand Juror and one Petit Juror to attend on the same. And that this Act be forthwith proclaimed under the Seal of the Colony.

An ACT appointing the Time that Waste Gates in the several Dams of this Colony are to be kept open, for venting the na­tural Course of the Wat