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 5
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It is thereupon voted and resolved, that the said report be accepted, the persons exhibiting said accounts, having received full satisfaction for the same.
Whereas, Benjamin Ellery and Peter Bours, Esqs., Messrs. Joseph Whipple and Josias Lyndon, were appointed a commit- tee to audit the accounts of the charges arising on the transports hired by this government, to convey the soldiers to General Wentworth's camp on the island of Cuba, did report that they had examined the several accounts exhibited, and found the same amounted to £2,797 7s. 4d. ;-
It is thereupon voted and resolved, that the said report be accepted, the persons exhibiting said accounts, having already received full satisfaction for the same.
Whereas, the General Assembly have ordered a new impres- sion of bills of public credit, for exchanging the late emission of bills of the new tenor, some of the which have been counter- feited, and persons appointed to exchange the same, and a great part of the new impression being now finished and ready for exchanging ;-
It is therefore resolved, that all persons possessed of any of said bills of the late emission of the new tenor, be, and they are hereby directed to bring the same to be exchanged by the persons appointed for that purpose, by the 25th day of Octo- ber next ; and that after that time, the currency of said bills be stopped, if any remain out ; and that the same be inserted in the publie prints, together with the names of the persons appointed to exchange the same.
Voted, that James Honeyman, Jr. and Daniel Updike, Esqs., be allowed and paid out of the general treasury, the sum of
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£150, each, for their extraordinary services in the prosecution of sundry criminals for counterfeiting the bills of public credit, emitted by this colony.
Upon the petition of Thomas Potter, Esq., sheriff of the county of Newport, craving an allowance for entertaining and looking after one Francisco Lorenzo (master of a Spanish pri- vateer), brought into this colony by Capt. Benjamin Norton, in his privateer sloop, called the Revenge, and ordered into the custody of the said Thomas Potter, by His Honor, the Gov- ernor, on the 1st day of March last past ;-
Whereupon, it is voted and ordered, that the sum of fifty shillings per week, be allowed and paid out of the general treasury, to the said Thomas Potter, for his entertainment and care of the said Francisco Lorenzo, from the said Ist day of March last past, during his stay with the said Thomas Potter.
Voted and resolved, that the sum of £30 be allowed and paid out of the general treasury, to Thomas Potter, Esq., sheriff of the county of Newport, for his time and expenses on the several examinations of sundry persons apprehended for coun. terfeiting the bills of public credit of this colony, and appre- hending sundry persons concerned therein.
Voted and resolved, that John Frye, Esq., be, and he is hereby chosen one of the trustees to the Indian sachem, in the room of his father, Thomas Frye, Esq., who desired to resign.
This Assembly is adjourned till the second Monday in Sep- tember next; but if there do not a sufficient number of mem. bers appear that day to constitute an Assembly, then the next day ; and that every member that does not appear the first day, be fined ten shillings, unless he can make a reasonable excuse.
God save the King. VOL. V. 7
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RECORDS OF THE COLONY OF RHODE ISLAND [1742.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the second Tuesday in September, 1742.
The Hon. Richard Ward, Governor. The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
The following appropriations were made for bridges :
For a bridge over Pacatuck river, on the road toward the White Plain, £50; for a bridge on Massacachuage river, in East Greenwich, £30; for repairing and fitting up the bridge over Moosup river, on the road leading from Providence to Con- necticut, £50 ; for mending bridge in the town of Providence, £50; for repairing two bridges across Pawcatuck river, in Westerly, £50; for building a bridge over Pawtuxet river, on the road that leads from Coventry to Plainfield, Connecticut, £40.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, the last Wednesday in October, 1742.
The Hon. Richard Ward, Governor. The Hon. William Greene, Deputy Governor. With the assistants and deputies from the several towns.
Whereas, it has been represented to this General Assembly, that Pawcatuck bridge is so much out of repair, as renders it dangerous to pass over, and it being in one of the greatest
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roads in this government, there is an absolute necessity of a speedy repair ;-
Whereupon, it is voted and resolved, that Messrs. Joshua Champlin and Silas Greenman, be, and they are hereby ap- pointed a committee to repair the one-half of said Pawcatuck bridge, at the charge of this colony, as soon as conveniently may be.
Voted and resolved, that Peter Bours, Esq., be, and he is hereby appointed to procure passages for the Spanish prisoners (who were officers), brought into this colony ; and send them away at the charge of said colony, upon the best terms he can.
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Voted and resolved, that Col. Daniel Updike, being one of the grand committee of this colony, William Arnold and David Comstock, Esqs., justices of the peace, be, and they are hereby appointed and directed to attend the trial of such persons as are to be tried for counterfeiting the bills of public credit of said colony, at the next court of assize, to be held in the county of Essex, in the Province of the Massachusetts Bay ; and that the secretary deliver what counterfeit bills he has in his hands to said Col. Updike, to be carried with him to said court.
Whereas, Col. John Cranston (as captain of Fort George), did present to this General Assembly, an account of the ser- vice, and allowance of board wages to the gunner and eleven other men (besides Valentine Downing), from the 5th day of May last past, to the 5th day of November, ensuing, and for wood laid in for the use of the soldiers in the ensuing winter, amounting in the whole to £606 16s., craving an allowance thereof ;-
Whereupon, it was voted and resolved, that the said sum of £606 16s., be allowed and paid out of the general treasury, to the said John Cranston.
Whereas, Messrs. Stephen Hopkins, James Aldrich, Jeoffry Hassard, John Smith and Robert Hall, were, by the General Assembly of this colony, at their session, held by adjourninent, on the second Tuesday in September, last past, appointed a committee, they, or any three of them, to inspect into the cir-
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RECORDS OF THE COLONY OF RHODE ISLAND
[1742.
cumstances of the old highway and new highway, in Warwick, in the county of Providence, about which there has been a long controversy ;---
And whereas, Messrs. Stephen Hopkins, Robert Hall, James Aldrich and Jeoffry Hassard, four of the aforesaid committee, having made inspection into the premises, aforesaid, made the following report, viz. :
Report of the committee on the Providence and Warwick highway.
We, the subscribers, being appointed by the General Assembly, at their session held at Newport, on the second Tuesday in September last past, to inspect into the circumstances of the old highway, and the new highway, in the lands of Natick and Wecacheconet, and we having met for that purpose, and viewed the several high- ways, and places proposed for highways, which were shown to us by the parties concerned, do report : that the highway laid out by the jury in said lands, A. D. 1737, not reaching to the north line of the said town of Warwick, near the south- east corner of the town of Scituate, we are of opinion that the same ought to be continued unto the said north line of the said town of Warwick, in the most con- venient manner, that may be, in order to meet the highway laid out in said Scitu- ate ; and we further report, by the free consent and loving agreement of all the parties concerned in the above said highway, at, and near Pawtuxet river, that a highway may be laid out to cross the river about mid-way between the said old and new highways, at a place called the round hill, to turn out of the said new highway in the lands of John Holdon, at, or near a pair of bars, in said Holdon's farm, and so to extend through said Holdon's land, on a north-westerly course, according as we have marked the same, until it comes to the bank of said river, where we marked a black oak tree for a bound, on the easterly side of the way ; and from thence to eross the said river, to the lands of Andrew Barton, where we marked a walnut pole, on the easterly side of the way ; and from thenee, still north-westerly, to an apple tree, near said Barton's house, on the west side of the way ; and from thence, a little easterly from the said old way, until it comes near to the top of the hill, by said Barton's house ; and from thence, in the said old way, until it meets with the new one.
We are also of opinion, that near the banks of said river, said way ought to be five poles wide, at least ; and that in all other parts of said way, from Warwick north line, downward, to Capt. John Rice's, three pole wide is sufficient.
We are also of opinion, that, upon the establishing of the way now proposed, that the old highway and new highway may be declared to be no highways, wlicre this way doth not go in either of them ; and that the lands of the said highways thrown up, return to the owner or owners thereof; and the said Andrew Barton is allowed a drift-way, down by the said river-side, to some meadow shares, that be a little below said old way, on the north side of said " River."
All which, being read to the parties concerned, they have consented to the same ; which is submitted to Your Honors's consideration.
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Whereupon, it is voted and resolved, that the said report be accepted.
And that the said Stephen Hopkins, Messrs. John Rhodes and William Rice, be a committee to lay out the highway, ac- cording thereunto, make a plat thereof and report thereon to the next session of this Assembly.
God save the King.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at East Greenwich, on the fourth Monday in November, 1742.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that Messrs. Daniel Updike, James - Honeyman, Jr., Thomas Ward, Edward Scott and Josias Lyn- d'on, be, and they are hereby appointed a committee, they, or the major part of them, to revise the laws of this colony as soon as conveniently may be, in order that the same may be re- printed, and a printed copy to be sent home.
Whereas, Messrs. William Holdon, John Rhodes and William Rice, were, by the General Assembly, at their session, in Octo- ber last past, appointed a committee, to inspect into a highway laid out by the town of Smithfield, in the county of Providence, through the lands of John Sayles, and others, petitioners for said alteration in said highway, did make the following report, viz. :
We, having viewed said way, and the lands adjacent, and heard the pleas of the respective parties, are of opinion, that no other place showed to us by any of the petitioners was so good for a highway, as where it is already laid out by said town.
Whereupon, it is voted and resolved, that said report be ac-
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RECORDS OF THE COLONY OF RHODE ISLAND [1742.
cepted ; and that the said highway be, and remain as it is al- ready laid out by the said town of Smithfield ; and that the ac- count of the said committee, amounting to £15 12s. 10d., for their service performed, as aforesaid, be paid to the said Wil- liam Holdon, John Rhodes and William Rice, by the said John Sayles and Jonathan Mowrey, both of Smithfield, aforesaid, being two of the petitioners.
Whereas, Isaac Anthony, of Newport, in the county of New- port, goldsmith, exhibited an account to this General Assem- bly, for the board of four gentlemen, Spanish prisoners, for nine weeks, and their washing at fifty-five shillings per week, each, craving an allowance thereof ;-
Whereupon, it is voted and resolved, that the sum of thirty shillings per week, and no more, be allowed of said account, for the nine weeks' board and washing; and that the same, amounting to £54, be allowed and paid to the said Isaac An- thony, out of the general treasury.
Whereas, almost all the free-holders of the woods part of the town of Newport, did, by petition, set forth to this Assembly, that the town of Newport, at present, is very large, consisting of a vast number of inhabitants, and of freemen, upwards of five hundred, so that the affairs thereof cannot be managed with that regularity, order or justice, as it might be, if the same was divided and made into two towns, and would there- fore be of great advantage to all the inhabitants ; for as the compact part of said town consists chiefly of merchants and tradesmen, it would be their interest to make such suitable prudential acts for the better government of their affairs, so likewise as the woods part of said town consists of farmers, proper prudential laws and orders would be made suitable for their condition and circumstances without opposition, which, as yet, hath not been observed.
The petitioners also apprehend they are greatly injured, be- ing obliged to bear a greater proportion of the public charge and expense of said town, than the other inhabitants, without being taken notice of as such, in other respects, and likely so
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to continue, as long as said town remains undivided ; and thereupon prayed for a division of said town.
The compact part of said town of Newport, being cited, and both parties fully heard, and the petition maturely considered ;-
It is thereupon voted and resolved, that Daniel Coggeshall, Samuel Clarke, Francis Willett, William Robinson and Josiah Arnold, Esqs., or the major part of them, be, and they are hereby appointed a committee to inspect into the circumstances of said town of Newport, and see if there be a necessity of di- viding the same ; and if there be, in what manner, and make report thereon, to the next session of this Assembly.
Whereas, Edmond Sheffield, of North Kingstown, in the county of Kings county, yeoman (in behalf of himself and John Gould, of North Kingstown, aforesaid), and Job Tripp, of said North Kingstown, Esq., and attorney to the town council of said town, at the General Assembly, held by adjournment, in September last past, did agree to leave the inspection of part of the highway mentioned in said Sheffield's petition, the same to begin at a black oak tree, standing on the eastern side of said highway, in the first elbow thereof, on the north side of said Sheffield's south farm ; and from thence, to the north- east corner of Isaac Gardner's farm (in said petition mention- ed), where said Gardner now lives, all the rest of said petition being dropped; the same to be made by Rouse Helme, of South Kingstown, in Kings county, Esq., George Babcock, of said South Kingstown, yeoman and John Hicks, of Charles- town, in said county of Kings county, Esq., and they or either two of them, to make report thereon, which they according- ly did, in the following manner, viz. :
We, being appointed by the General Assembly, to inspect into part of a high- way, which was lately laid out by a jury, appointed by the town council of said North Kingstown, viz. : that part of the said highway that runs through the land of said Edmond Sheffield, in particular from a certain black oak tree, to Isaac Gardner's north-east corner; and we having this day viewed the land, and deliberately con- sidered the premises, do give it as our opinion, that the highway that runs south- ward from said black oak tree, shall run the same course as was laid out by said jury, by a chesnut tree, marked ; and so to continue the same course from said
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RECORDS OF THE COLONY OF RHODE ISLAND [1742.
chesnut tree, to said Isaac Gardner's line, and then to run by said Gardner's line, castward, to his aforesaid corner ; but the highway to be taken out of said Sheffield's land.
Which report was thereupon voted to be accepted, and the said highway to be, and continue agreeably thereto.
Whereas, John Lawton and Barlow Greene, did, by petition, set forth to this Assembly, that the establishing a ferry from the landing place, in said Lawton's farm, at Portsmouth, in said colony, to the southern part of Prudence island, belonging to Benjamin and William Brown; and another from Warwick Neck, to the northern end of said Prudence island, would be greatly serviceable to the public, by furnishing the north- western parts of this colony, and those of the neighboring gov- ernments with a more easy and better passage to Newport, the metropolis of this colony, than is possible to obtain from any of the ferries now settled at other places ; the lands being more smooth and level, the way by land and water more direct and much shorter ; and as all the parties concerned, are not only wil- ling, but very desirous such ferries may be made, therefore, the petitioners prayed that ferries may be erected and appointed at the places aforesaid ;-
Upon consideration whereof, it is voted and enacted, that there be ferries at the places above mentioned; and that the committee appointed to lease out the ferries, put the ferries now granted, under the same regulations as the others are.
[The following publie laws, passed during the year 1742, (except those subsequently repealed) will be found printed at length in the Public Laws of 1744.]
An Act for hearing all appeals (not yet determined) from the judgment of the superior court of judicature, for which bonds have been given.
An Act relative to the proceedings and trials of actions not ex- ceeding forty shillings.
An Act for establishing petit jurors' fees ; and also the grand and petit jurors' fines, for their non-appearance at the sev- eral courts.
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An Act directing the general treasurer how to sue for the colo- ny's debts, and likewise for choosing a king's attorney.
An Act requiring the king's attornies to account to the general treasurer for all the bonds received, &c.
An Act for the more effectual establishing of a military watch in time of war, throughout the colony.
An Act empowering the several town councils to have the care and oversight of all delirious, distracted or non-compos mentis persons, and their estates.
An Act for the better regulating the choice of petit jurors, throughout the several towns in this colony.
An Act for the better regulation of freemen voting.
An Act empowering the vendue masters of the several towns to call special courts.
An Act enabling persons in small causes, to sue in towns where they dwell.
An Act to prevent the fish being stopped in their course up Pawcatuck river.
An Act appointing the several town meetings for choosing dep- uties, and proxing for general officers in this colony, to be - held on the same days.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at East Greenwich, the second Tuesday in March, 1742.
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 North Kingstown into a township, and the same to be distinguished and known by the name of Exeter. VOL. V. S
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RECORDS OF THE COLONY OF RHODE ISLAND [1742.
Be it enacted by the General Assembly of this colony, and by the authority thereof it is enacted, that the town of North Kingstown, in the county of Kings county, be divided into two towns, by a line beginning at the south side of said town, at the middle of the highway that runs between the farm, now or late of Jeoffry Hassard and the farm of Eber Shearman, to extend from thence northwardly, to the extent of said highway, as the same runs northwardly; and from the middle of said way, where it meets the cross highway, to extend northwardly, in a straight line, to meet the highway that runs between the land of William Hall and Christopher Spenser; and from thence, to extend northwardly, as said highway runs to East Greenwich south line ; and that the eastward part of said town retain the charter and name of North Kingstown, and the west- ern part to be called by the name of Exeter, and be incorporated into a township ; and to have and enjoy the like privileges with other towns in this colony.
And be it further enacted by the authority aforesaid, that each town receive, and have a proportion of the money in, and belonging to the treasury of said North Kingstown, according to the money for which the lands in each town is mortgaged to the colony ; and that all justices living within the bounds of said new town, retain their authority, and act as such therein, until the next general election.
Whereas, the General Assembly of this colony, at their ses- sion, held by adjournment, at East Greenwich, on the fourth Monday in November last past, did order and appoint, that Daniel Coggeshall, Samuel Clarke, Francis Willett, William Robinson and Josiah Arnold, Esqs., they, or the major part of them, to be a committee to inspect into the circumstances of the town of Newport, in the county of Newport, and to see if there was any necessity of dividing the same, and if there was, in what manner, and to make report thereon, to this present session of this Assembly ;-
And whereas, Daniel Coggeshall, Francis Willett and Josiah Arnold, Esqs., three (and the major part of said committee) did meet at Newport, aforesaid, and upon hearing the reasons and
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allegations of the several persons both for and against the di- vision of said town, made the following report :
That they were of opinion, there was no necessity for dividing the aforesaid town of Newport.
Which report was thereupon voted to be accepted; and also, that the account of Jonathan Nichols, amounting to £2 10s., for the expenses of said committee, be allowed ; and that there be allowed and paid to the said Daniel Coggeshall and Francis Willett, the sum of £4 cach, and to the said Josiah Ar- nold, the sum of £2, for their particular service in said affair ; and the whole to be paid out of the general treasury.
Whereas, the General Assembly of this colony, at their ses- sion, held at Providence, on the last Wednesday in October, A. D. 1742, appointed Stephen Hopkins, Esq., Messrs. John Rhodes and William Rice, a committee, to lay out a highway in the lands of Natick and Wecacheconet, in the town of War- wick, and county of Providence, according to the report by the committee then made, and make a plat thereof; which they have now done, and presented to this Assembly, agrecably to said report, as deciphered upon the said plat may appear ;-
It is thereupon voted and resolved, that said plat and report thereon made, be accepted; and that said highway continue as thereon laid out, forever.
Whereas, the General Assembly of this colony, at their ses- sion, held by adjournment on the fourth Monday in November last past, at East Greenwich, within and for the colony afore- said, did appoint Messrs. Daniel Abbott, John Frye and Ish- mael Spink, a committee, to meet with the committee of the colony of Connecticut, in order to erect a large monument at Warwick south-west corner, in the line between this colony and that of Connecticut, who proceeded on said affair, and made the following report, viz. :
We, the subscribers, represent to this Honorable Assembly, that as ve, being appointed a committee by the government of Rhode Island, to meet a committee also appointed by the colony of Connecticut, to erect a large monument or heap of stones, at Warwick south-west corner, in the place where the corner formerly was
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[1742.
made at the time of settling the line betwixt the two governments ; and accordingly, we met at said place, the 24th day of November last, where we met James Wads- worth and Timothy Pearce, Esq., with Col. Avery, their surveyor, and sundry others in company, where we spent the afternoon debating matters, and waiting for the Hon'ble Roger Wolcott, Esq., he having their aet of Assembly that empowered them.
Whereupon, the next day, the 25th, we met at said corner, the Hon'ble Roger Wolcott, Esq., James Wadsworth and Timothy Pearce, Esqs., a committee ap- pointed by the government of Connecticut, and equally empowered with us, to make said monument or heap of stones, at said corner ; and after a conference and some arguments used, they unanimously agreed to join with us, to revise the afore- said corner ; whereupon, we, with such assistance as was present, belonging to each government, raised a stone in said corner, that was provided and brought in place, of ten feet and a half long, and two feet and three inches wide, and considera- ble thickness, having the letter C on the west side, and R on the east, and the date of the year, and several other letters ; being now a corner of West Greenwich and Coventry ; and round the same, we made a considerable heap of stones."
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