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.

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.

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.

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.

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.

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 [...].

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 [...]

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.

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.

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.

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.

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.

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 [...]u­ [...]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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 [...]0· 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.