USA > Rhode Island > Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V > Part 3
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ASSISTANTS.
Mr. Gideon Cornell, Mr. John Dexter,
Mr. Philip Arnold,
Mr. John Wickes, Mr. Christopher Phillips, Mr. Rouse Helme.
SECRETARY. Mr. James Martin.
GENERAL TREASURER. Mr. Gideon Wanton.
An Act for the better security of the inhabitants at Block Island.
Whereas, in the present war, now subsisting between His Sacred Majesty, the King of Great Britain and the King of Spain : the inhabitants at Block Island (being few in number) lie very much exposed to the depredations of the enemy ;-
For preventing whereof, be it enacted by the General As- sembly of this colony, and by the authority thereof it is enacted, that the field officers of each of the respective counties of Provi- dence and Kings county, be empowered to impress and enlist ten good able men out of each of said counties, as soldiers, to be sent to New Shoreham, forthwith ; and as soon as conven- iently may be, to be transported at the charge of the colony, and there to remain in His Majesty's service for the space of six months, for the assistance and protection of the inhabit- ants of said island against the enemy ; which soldiers shall be under the care and command of the captain of said island, and such lieutenant as shall be appointed under him, by Ilis Honor, the Governor ; and such soldiers shall be, by said captain, bil- leted out, at the charge of the inhabitants of said island, and shall for their reward and service be entitled to receive £3 per month, out of the General Treasury, by a certificate under the hand of the said captain, duly obtained.
An Act for appointing and erecting a court of equity, to hear and determine all appeals in personal actions from the judgment of the superior court.
Whereas, the trial of appeals by the General Assembly, from
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judgments given at the superior court of judicature, have, by long experience, been found prejudicial, as well to the parties having their causes determined there, as well as to the govern- ment in general, by the public business being neglected ;-
For remedy whereof, for the future, be it enacted by the General Assembly, and by the authority thereof it is enacted. , that the act regulating the appeals from the judgments of the superior court to the General Assembly, be, and it is hereby repealed, and declared null and void.
And that for the future, there be a court of equity appointed and established, to consist of five judges, to be chosen annually, by the General Assembly, and to be commissionated, any three of whom, to be a quorum ; who are hereby empowered and authorized to hear all appeals from the judgments of the superior court, in personal actions, and to give a determination on said appeals, by affirming, reversing or altering the judg- ments of said superior court, agreeably to law and equity, in as full and extensive manner as the General Assembly hath been accustomed to do.
And that said court be held in Newport, to try the appeals from the judgments of the superior court, held at said Newport, the last Tuesday of March, every year, on the fourth Tuesday of April, annually ; and at Providence and South Kingstown, by turns, to try the appeals from the judgments given at the superior court, held the first Tuesday of September, as hath been accustomed by the General Assembly, the second Tues- day of October, annually.
And for the better regulating and governing the parties ap- pealing from the judgments of the superior court, as aforesaid, that where an appeal is had, the party appealing, is hereby obliged to give bond for the prosecution of such appeal; and to procure a copy of the whole case, and file his reasons of ap- peal, with the clerk, ten days before the sitting of such court, where the appeal is to be heard and determined ; and that the judgment and determination of said court shall be final, saving an appeal to His Majesty, in council, in those cases wherein the law hath already provided.
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And be it further enacted by the authority aforesaid, that there be one clerk chosen 'and appointed for the aforesaid court; who is hereby entitled to take the same fees as hath been taken in the trial of appeals by the General Assembly.
Voted and resolved, that Samuel Clarke, John Potter, Wil- liam Robinson, John Chipman and Thomas Spenser, Esqs., be, and they are hereby appointed judges of the court of equity, for the hearing and determining of appeals from the judgments of the superior courts ; and that James Martin be, and he is hereby appointed clerk of said court.
An Act for hearing and determining all such appeals as bonds have heretofore been given for, from the judgments of the superior courts of judicature.
Be it enacted by the General Assembly of this colony, and by the authority of the same it is enacted, that all appeals from the judgments of the superior courts of judicature, held on the first Tuesday in September, and the third Tuesday in March last past, shall be heard and determined by the court of equity appointed for the hearing and determining of appeals, at New- port, within and for said colony, on the third Tuesday in July next ; which said court shall have full power and authority to determine the same agreeably to law and equity, in as exten- sive manner as the General Assembly of said colony hath been accustomed to do ; and that the reasons of appeal shall be filed in all the appeals from March court past, ten days before the sitting of said court.
God save the King.
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the fourth Mon- day in June, 1741.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that the trustees of Ninegret, sachem, render an account of their trust to the next session of this Assembly.
Whereas, there was an act passed by the General Assembly, at their session held in September last, empowering three jus- tices of the peace to try civil actions to the value of £5 ;-
It is thereupon voted and resolved, that it was not the intent of said act, to extend to bonds given to the general treasurer and grand committee, for the use of the colony, but that all actions brought for such bonds, be tried at the inferior court of common pleas.
It is also voted and resolved, that the officers in this colony, who shall serve any justices' warrants, shall observe the same rules in respect to taking bail, as the several sheriffs are held to by the laws of this colony.
Voted and resolved, that the town of Jamestown, in the county of Newport, be and they are hereby empowered to choose another warden, so as to make three in the whole.
Whereas, George Ninegret, Indian sachem of the Narra- gansett Indians, humbly requested of this honorable Assem- bly to appoint George Wanton, of Newport, in the county of Newport, merchant, one of his overseers, he being well assured of his fidelity and justice in the management of his affairs ;-
Whereupon, it is voted and ordered, that the said George Wanton be, and he is hereby appointed a trustee or overseer VOL. V. 4
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to the said sachem, to have the same power in all respects with the other trustees.
Voted and resolved, that the order of the King in council, directing the form of prayer for the royal family, be forthwith published in the several churches, and other places of public worship in this colony ; and that the secretary send a copy of said order to the minister or elder of each and every society in this colony immediately, for that purpose.
Voted and resolved, that His Honor, the Governor, procure a new seal for the colony, to be engraven with the same motto as the old seal had; and that the secretary procure the old clasped book of records to be new bound ; and likewise that he procure a new book of six quires of paper, for the records of the superior court of judicature, &c. ; a new book of eight quires of paper, for recording all public things that shall be required to be registered in this colony ; and likewise a new book of
three quires, for the records of the judgments that shall be made up in the court of equity ; and also that the sum of £3 10s. be paid to Jacob Hascey, Jr., for a press made for the files of papers belonging to the superior court of judicature, &c., and that the whole charges be paid out of the general treasury.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the third Tuesday in August, 1741.
The Hon. Richard Ward, Governor. The Hon. William Greene, Deputy Governor. With the assistants and deputies from the several towns.
An Act for incorporating the west end of the town of Warwick into a township, and the same to be distinguished and known by the name of Coventry.
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Whereas, several of the inhabitants of the town of Warwick, by petition to this Assembly, did set forth the great disadvan- tage they labor under, on account of the great extent of said town ; and as it is conceived it will be more for the ease and benefit of its inhabitants in transacting and negotiating the prudential affairs thereof, to have a division made ;-
Be it therefore enacted by the General Assembly, and by the authority thereof it is enacted, that the western part of the town of Warwick be divided and set off from the eastern part thereof, by a north and south line drawn from the most western bounds of the westernmost of the Cowesset farms, and incorpo- rated a township, and the same to be distinguished and known by the name of Coventry ; and that the inhabitants thereof, from time to time, shall have and enjoy the like benefits, liber- ties, privileges and immunities with other towns in this colony, according to our charter.
Voted and resolved, that Peter Bours, Esq., be, and he is hereby appointed to make an account of the whole charges this colony has been at in the controversy between said colony and the Province of the Massachusetts Bay, relating to the eastern boundary of said colony, to be examined by the committee ap- pointed to lay a statement of said controversy before the court of commissioners, before the same is put into said court.
And that Peter Bours, Stephen Hopkins, Thomas Spenser, Daniel Updike and James Honeyman, Jr., Esqs., or the major part of them, be, and they are hereby appointed a committee to audit the accounts of the several inn-keepers and others, for the entertainment of the persons concerned, and obliged to at- tend on the said court of commissioners.
Voted and resolved, that the account of Thomas Borden, amounting to £5 14s. 2d., for the entertainment of the hon- orable lieutenant governor and council of the Province of the Massachusetts Bay, at their return from the court held for the trial of the pirates, in October, A. D. 1738, be allowed, and paid out of the general treasury.
Voted and resolved, that the act passed at the last April session, restricting the custom house officers from clearing out
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any vessels until bond given for landing all provisions, &c., in some English port, be, and it is hereby repealed ; and that this colony govern themselves according to the act of Parliament, against the exportation of provisions, and the collector and na- val officer of this port to be served with a copy of this vote.
Voted and resolved, that the sum of £31, being so much al- lowed of the account of John Hoyle, for service done relating to the expedition against the Spaniards, be paid him out of the general treasury.
Voted and resolved, that the account of Col. Peter Mawny, amounting to £53 10s. 4d., being for his journey, horse-hire, ex- penses, &c., to and from New York, in order to notify the con- missioners appointed by His Majesty, for settling our eastern boundaries, of the arrival of said commision, and to leave a copy thereof with each of them, be allowed and paid out of the general treasury.
Voted and resolved, that the account of Clement Cooper, amounting to &22, being for himself and horse, on a journey to and from New York, in the service of the commission, with Col. Peter Mawney, be allowed and paid out of the general treasury.
Voted and resolved, that the two accounts exhibited by Col. Peter Mawney, respecting the billeting of soldiers, relating to the expedition against the Spaniards, be allowed, as audited by the committee appointed for that purpose ; said Peter Maw- ney's account amounting to £1,135 3s. 11d. ; and an account of Ilugh Battey, amounting to £122 12s. 7d .; both accounts amounting to £1,257 16s. 6d. ; out of which, he has already received from the general treasurer the sum of £1,189, 18. 11d .; so there remains to be paid to the said Peter Maw- ney, out of the general treasury, the sum of £68 14s. 7d., to complete the whole of said accounts.
Whereas, Gideon Wanton, Esq., general treasurer of the colony, aforesaid, did represent to this Assembly, the great trouble and difficulty he met with in exchanging of £40,000 in old bills, and halves and quarters of bills in the years 1738 and 1739, of other emissions before, and prayed an allowance
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for the same ; and also set forth the great increase of the busi- ness of the general treasurer, since the salary was stated, occa- sioned by several large emissions, and the payment of bounties on several commodities ; praying therefore, that the salary might be augmented ;-
Upon consideration whereof, it is voted and enacted, that the said Gideon Wanton be allowed and paid out of the general treasury, the sum of £700, for his trouble in exchanging said £40,000; but that his salary be not augmented.
Whereas, our transports were discharged from His Majesty's service, sooner than they should have been, by His Majesty's instructions ;-
It is therefore resolved, that Peter Bours, Esq., Messrs. Geo. Goulding and Joseph Whipple be, and they are hereby appoint- ed a committee to examine into said affair, and procure what is necessary, for His Honor, the Governor, to write to our agent, in Great Britain, directing him to apply to the lords of the admiralty, or to the proper board, for restitution in said affair.
An Act granting power of appealing from all, or any part of the judgment of the court of commissioners relating to our eastern boundaries.
Be it enacted by the General Assembly of this colony, and by the authority thereof it is enacted, that Peter Bours, Sam'l Clarke, Thomas Spenser, William Jenckes, Stephen Hopkins, Daniel Abbott, Francis Willett, Henry Bull, Daniel Updike, James Honeyman, Jr., Thomas Ward and William Bollan, Esqs., (who were appointed a committee to represent and man- age the affairs of this colony before the commissioners to hear and determine the boundaries between said colony and the Province of the Massachusetts Bay), be, and they or any four of them, are hereby fully authorized and empowered to appear at the aforesaid commissioners' court upon their adjournment on the 4th day of September next, at Providence, then and there, in behalf of this colony, to appeal from the whole, or any part of the judgment of the said commissioners, pronounced on
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the 30th day of June last past, as they, the said commitee, shall think proper.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Tuesday in October, 1741.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
An Act for raising recruits to be transported to the English camp, on the island of Cuba.
Whereas, this government having received advice from Gen. Wentworth," that there is an absolute necessity of raising more
* From the camp on the river Humber, in the island of Cuba, Augast 12, 1741.
Sir : Ilis Majesty having directed me to use my best endeavors to recruit his forees under my command in his colonies, in North America, I have appointed Capt. Ilopkins to repair, for that end, to your province, not doubting of your giving him all the assistance in your power, to levy soldiers, not only for completing Col. Gooch's regiment, but it practicable, to raise a greater number, either to fill all va- caneies in the two old corps, and in the marines, or to form another battallion, as it shall be found best for His Majesty's service.
As I have no means of supplying the recruiting officers with money, you will sir, be pleased to give the aforesaid captain eredit for such sums as may be wanted for that service, and to draw upon the Right Honorable Henry Pelham, Esquire, the paymaster general, for the said use. As to the particular sums to be paid to the said recruiting officer, I refer you to his instructions, which he will lay before you.
All such as shall enlist themselves on this occasion, will be entitled to the advan- tages offered by His Majesty, in his instructions on the first raising Col. Gooch's regiment. I don't doubt, sir, but you will take the proper measures for their being transported hither, to support which charge, Iflatter myself the respective prov-
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forces for His Majesty's service in the present expedition, against the subjects of the King of Spain, in the West Indies ;-
Be it therefore enacted by the General Assembly of this col- ony, and by the authority thereof it is enacted, that a procla- mation be issued forthwith by the Governor, as an encourage- ment for soldiers to enlist, to offer a premium or a bounty of the sum of ££5 of the old tenor, and a watch coat to every sol- dier that shall enlist, and go in his Majesty's service, over and above forty shillings, sterling, allowed as the King's bounty, and the same to be delivered to such soldier, on going aboard the colony sloop, hereby appointed for transporting such forces as shall be raised, to the island of Cuba.
And for the better expediting the levying of the aforesaid forces, the colonels of the respective regiments within this gov- ernment, are hereby directed to call together the soldiers un- der their command, at such times as shall be judged most suitable and convenient by Capt. William Hopkins, for the purpose aforesaid.
And it is also further enacted, that Peter Bours, Esq., Messrs. George Goulding, John Cranston and Joseph Whipple, be a committee to put on board the colony sloop, a sufficient number of men, in order for the security of said sloop, and to take a cruise after the transports are landed, for the space of three months ; and the captain to be commissionated by His Honor, the Governor, for that purpose, and to receive and ob- serve such instructions as shall be given him in said affair.
And the aforesaid committee are hereby empowered to pro- cure all necessaries for transporting said forces at the charge of the colony, and to draw out of the general treasury what monies are to be paid to Capt. William Hopkins ; and also what is to be paid to the soldiers, and to do all and every
inces will make a provision, as all His Majesty's dominions in the West Indies, are particularly interested in the success of this expedition.
I am, sir, your most obedient servant, THOMAS WENTWORTH.
To the Honorable Richard Ward, Esq., Governor of Rhode Island.
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thing that shall be found necessary for transporting said forces ; and that as the enlisted soldiers shall be sent to New- port, and delivered to the aforesaid committee, they shall be put on board the colony sloop, and there subsisted at the charge of the government.
And be it further enacted by the authority aforesaid, that the colony sloop sail as soon as so many men present, as the vessel will carry (exclusive of the sailors), or as soon as the above said committee find that all the persons have enlisted and embarked, as are willing to go in the service.
And the aforesaid committee are hereby directed to supply Capt. William Hopkins with a sufficient sum of money, to be by them drawn out of the general treasury, to pay the £4, al- lowed to the recruiting officer, for each man he shall enlist, agreeable to General Wentworth's letter to His Honor, the Governor, and said Hopkins's instructions ; and that the said William Hopkins draw bills of exchange upon the paymaster general, in England, for the same ; and that ITis Honor, the Governor, endorse said bills in behalf of the colony, to any per- son who shall offer to buy the same.
And be it further enacted by the authority aforesaid, that the sum of £2,000 of the new tenor, be forthwith struck off, in order to answer the present exigency, and the same to be im- pressed by Col. John Coddington, and to be signed by the grand committee, as usual ; and when finished, to be lodged in the hands of the general treasurer, for the purpose aforesaid, which sum, if not sufficient, the committee are hereby empow- ered to draw out of the general treasury what interest money is paying in, as their occasions for the purpose aforesaid may, require ; and that such new bills as shall be made, shall be paid out of the interest money, as the same shall be paid in in order to be burnt.
Whereas, several of the committee appointed by the General Assembly, to attend on Ilis Majesty's court of commissioners, for settling the eastern boundaries of this colony, made appli- cation to this Assembly, for some allowance for their time and service in said affair ;-
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Upon consideration whereof, it is voted and ordered, that there be allowed out of the general treasury, the following sums to the persons hereinafter named, for their time and service in the above mentioned affair, viz. :
To Col. Daniel Updike, the sum of £125; to Mr. James Honeyman, Jr., the sum of £125; to Capt. Henry Bull, the sum of £80 ; to Mr. Thomas Ward, the sum of 125; to Mr. Stephen Hopkins, the sum of £73 10s .; to Mr. Thomas Spen- ser, the sum of £40; and to Peter Bours, Esq., the sum of £110.
Voted and ordered, that Col. Daniel Updike, Mr. James Honeyman, Jr. and Mr. Thomas Ward, be, and they are hereby appointed a committee, to draw up a statement of the case of the controversy between this colony and the Province of the Massachusetts Bay, relating to the eastern boundaries of this colony, and present the same to the next session of this As- sembly, in order to be sent home.
Voted and resolved, that the sum of £10 be allowed and paid out of the general treasury, to Joshua Bertrand, one of the soldiers, who has lost an arm in the King's service, in order to enable him to travel to Boston, or elsewhere, to get a passage home to England.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Wednesday of October, 1741.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that George Brown, Esq., re-deliver to His Honor, the deputy governor, the duplicate of the charter, taking a receipt for the same.
VOL. V. 5
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Report upon the Connecticut Boundary.
Whereas, the General Assembly of this colony, at their session, held on the third Tuesday in June last past, did appoint the llon. William Greene, Esq., Ezekiel Warner, Esq., Messrs. Daniel Abbott, John Jenkins and Ishmael Spink, or the major part of them, to examine whether the boundary marks in the line between said colony, and the colony of Connecticut, at, or near the south west corner of Warwick Purchase, be removed, and make report thercof, which they did in the following manner, viz. :
Therefore, in obedience to the Honorable Assembly, we proceeded, and on the 7th day of July. A. D. 1741, went to the place where Warwick south-west corner was made in the year A. D. 1728 (and revised in the year 1739), which place three of us, viz. ; William Greene, Daniel Abbott and Ishmael Spink well remember; we all being present when the commissioners of both governments made said corner in the year 1728, and helped make the same at the place where said commissioners then ordered ; and we, together with John Jenkins, were at the revising said corner, in the year 1739; and we all well remember the place, it being remarkable where said corner was made ; it being a large heap of stones, in the edge of a swamp ; and said Ezekiel Warner being now present, with the rest of the committee, and sundry other persons, who declared that they were at the making and revising said corner, and did all show said Warner the place where said corner was made ; and also several trees round about it, that were marked with sundry letters, some of which are now on said trees ; and some appear to be cut out. Now we found the said heap of stones, to be all removed and gone from said place ; but found the two first mile monuments northward and southward of said corner, to be both standing in their proper places, where they were first made ; and we found a large heap of stones, made about two rods and a half, or something more, to the eastward of the place, where said Warwick corner was made, near in the course of Warwick line, and upon the upland, upon a sort of knoll, and near the east side of a very large pitch pine tree ; the which tree is now marked with the letters DD.A. J.J. W.G., by whom, we know not, for we never saw them before, nor was there any heap of stones at said place at any time, when any of us were there before.
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