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Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly (Volume 5) online

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sergeants and officers attending upon the courts, and all jus-
tices of the peace in commission, saving that they shall be
obliged to serve in case of life and death, where tithe of land
is concerned, if returned upon a venire ficias, or taken up as a
talesman ; and also, all the attornies practicing in any of the
courts of common pleas, or superior courts of judicature • and
also, all physicians that live by their practice ; ministers of
congregations of every denomination, are hereby exempted.

Provided, that nothing this act shall extend, or be construed
to extendjto repeal any part of an act, entitled "An act ex-
empting the persons appointed to work the engines in New-
port, from several duties," &c.

Whereas, Col. Daniel Abbot, and others, represented that the
General Assembly of this colony, in the year 1711, ordered a
highway or road to be laid out through the lands of Provi-
dence, Wesconoid and Warwick, leading into the center of
of Connecticut, by the way of Plainfield ; and accordingly
Nicholas Lang, Esq., then high sheriff of the colony, cmpan-
nelled a jury of twenty-four good and sufficient men, who per-
formed said work, and that there are still alive some persons
that were present in doing the same ; that the said road or
highway, hath ever since been improved as such ; that great
cost and labor hath been bestowed to amend it, and several
sums of money granted by the government, to make bridges
for travellers to pass at all times over the several rivers, with-
out any difficulty ; and it is now become a great road ; not-
withstanding which, the town of Cuventiy have pa^-sed a vote



358 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

to alter said highway, or road, and hiy it in such a critical
place, that should it take effect, it would absolutely ruin the
aforesaid road or highway ; for there is a long hill, near half a
mile, stony and pungy, and over which the new road must
pass ; and thereupon prayed this Assembly to appoint a com-
mittee of three men, the most acquainted with said highway or
road, and a surveyor, to revise the old bounds, if to be found,
and where they are wanting, to make new ; to keep the now
travelled and beaten road that has been so much worked upon
and amended, and set the breadth, three poles ; thus the bounds
being fixed, will instruct the settlers by said road, where to
build their stone walls, and run other fences, &c. ; upon con-
sideration whereof, —

This Assembly do vote and resolve, and it is voted and re-
solved, that Stephen Hopkins, Job Randall and Charles Har-
ris, Esqs., be, and they, or the major part of them, are hereby
constituted a committee, to revise the bounds of the ancient
highway or road, aforesaid, at the charge of the petitioners ;
and make report thereof to the General Assembly.

It is voted and resolved, that the draught of a letter, made
by the committee, to be sent to the agent, be accepted and ap-
proved of; and Ilis Honor, the Governor, is desired to order a
fair copy thereof made, and sign the same, to be sent to the
agent by the first good opportunity.

Whereas, John Peirce, of East Greenwich, in the county of
Kent, yeoman, by petition set forth that he was sued to an in-
ferior court of common pleas, held at Providence, in December
term, A. D. 1751, by John Mawney, of said Providence, Esq.,
in an action of the case for suing him, the said Mawney, in
the county of Kent, for some misconduct in his oflice, as sheriff
of the county of Providence, whereby the said Peirce appre-
hended he had sustained some injury ; and at said inferior
court, held at Providence, the said John Mawney recovered
judgment in his favor, to have and receive from the said John
Peirce, the sum of i>100 ; froniAvhich, both parties appealed to
1 lie superior court held there, in jNIarch last past, where th*;
same matter was again considered, and judgment there was



1752.] AND PROVIDENCE PLANTATIONS. 359

rendered that the said John Mawney should recover of the
said John Peirce £200 ; both which judgments the said Peirce
apprehends are erroneous ; and more especially for that the
same was tried illegally at the superior court ; there being on
the jury at both trials^ one Grindal Rawson, which the said
Peirce at the time of trial was altogether ignorant of; he
therefore prayed said judgments might be set aside, and all
process thereon stopped.

On consideration whereof, and by consent of both parties,
this Assembly do vote and resolve, and it is voted and resolved,
that the judgment of the superior court aformentioned, be, and
the same is hereby annulled and declared void ; and that the
said John Peirce have another trial of said cause, at the next
superior court of judicature, to be held at Providence, within
and for the county of Providence.

God save the King.

Governor Greene to the Agent of Rhode Island, in London.

Rhode Island, 4th June, 1752.

Sir : — This colony have lately received a letter from the lords commissioners for
trade and plantations, enclosing the copy of an order of the King, in council, of the
11th of March last ; by which the said lords commissioners are directed and em-
powered to present to His Majesty all officers that have been, or may be found ne-
cessary, in any of the plantations ; a copy of which, is herewith sent you ; and
though this colony entertain a grateful sense of His Majesty's just and equal gov-
ernment, and from thence are led to hope that nothing is intended by the said order
to the prejudice of the charter privileges of this colony; yet, as the colony are ex-
tremely fond of the valuable privileges they enjoy, and finding the said order run,
in terms so very general, are in fear, that something may be intended by it to their
disadvantage ; and their fears are further increased, by finding the said letter and
order forwarded to them by Mr. William BoUan, and not by you, as is usual.

I am therefore directed by the General Assembly to desire you to make diligent
inquiry about the design and intention of the said order, and if need be, advise with
counsel about it; and if you find it is intended to operate in this colony, so as
to take away, or any way lessen pur charter privileges, immediately to advise the
colony of it, and use all endeavors in your power to prevent any thing being fur-
ther done in consequence thereof.

You will easily imagine how much uneasiness the very thoughts of losing our
liberties, creates in the inhabitants of this colony, and how much dependence they
must necessarily have on you, who have been so long their agent ; and who, they look



360 RECORDS OF THE COLONY OP RHODE ISLAND [1752.

upon by principle, as well as interest, so much a friend to liberty, that on sueh an
occasion, you will exert yourself to the uttermost.

Having no further directions from the General Assembly, who rely wholly on
your prudence, diligence and judgment in this matter, I conclude, and am —

Your true friend and humble servant,

WILLIAM GREENE.
To Kichard Partridge, Esq.



Proceedings of the General Assemhitj held for the Colotiy of Bhode
Island and Providence Plantations, at Newport, on the third
Monday in August, 1752.

The lion. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

Be it enacted by the General Assembly, and by the authori-
t}^ thereof, it is enacted, that every person who shall drive a
loaded cart or trucks upon any part of the pavement lately
laid in Queen street, from the colony house, to the east side of
Thames street, in Newport, shall forfeit and pay a fme of £5
fur every offence ; to be recovered before any two justices of
said town, by the town treasurer ; which fine shall be to and
for the use of said town.

It is voted and resolved, that that part of the laws of the
colony, which have been lately printed, be lodged with
the general treasurer, to be sold at thirty shillings per
book.

Whereas, INIcssrs. Robert Lillibridge, Stephen Hichmond and
Benjamin Brown, were, by the General Assembly, at their ses-
sion in South Kingstown, on the last Tuesday of February
last, appointed a committee to lay out highways in the town of
Wcstcrl}', &c., and were directed to make report of their do-
ings in the i)rcmiscs, &c. ; which province they undertook, and
of tlieir proceedings ri'portcd as followeth, to wit:



1752.] AND PROVIDENCE PLANTATIONS. * 861



Report of the Committee on Higliways in Westerly.

Westerly, March 16, 1752.
Whereas, we, Robert Lillibridge, Stephen Richmond and Benjamin Brown, be-
ing appointed a committee, by the General Assembly, at their last session, to lay
out highways in Westerly, agreeably to the petitioners of said Westerly, and make
report to the next sitting of Assembl)' ; whereby we have, and do report, conform-
ably to said appointment, as follows :

Firstly, from Wood River, through the north end of Westerly, to Exeter, accord-
ing to the courses and distance, as follows : beginning at Wood River, adjacent to
the highway that leads from said river, to the ferry, and thence west, eleven and a
half degress north, twelve chains and sixty links, to a pine tree ; thence west, one
and a quarter degrees north, nine cliains and twenty-five links, to a pine tree ;
thence north, fifty-six degrees west, eight chains and ninety-five links, to a pine
tree ; thence north, fifty degrees west, twelve chains and fifty-two links, to a pine
tree ; thence north, thirty-six degrees west, thirty chains, to a stake and stones,
north, forty-three and three quarters degrees west, twenty-five chains and fourteen
links, to a stake and stones ; thence north, sixty-eight and a quarter degrees west,
three chains and eighty links, to a heap of stones ; thence west, eighteen de"-rees
south, thirteen chains and seventy-five links to a stake, sixteen foot off of the south-
west corner of Benjamin Barber's house ; thence north, fifty-seven degrees west,
fourteen chains and ninety links, to a rock ; thence west, eight and a half degrees
south, thirty- three chains, to a white oak bush ; thence west, seven and a quarter
degrees north, thirty chains, to a high rock ; thence north, fifty-eight degrees west,
twenty-six chains, to a dry tree ; thence north, seventy-one and a quarter degrees
west, six chains and seventy links, to a white oak tree ; thence west, eight and a
halt degrees north, three chains and eighty-five links, to a stake ; thence north,
forty-six and three quarters degrees west, two chains and eighty-seven links, to a
black oak tree ; thence north, sixty degrees west, four chains and sixty-two links,
to a heap of stones ; thence north, seventy-two and three quarters degrees west,
twenty-one chains and sixty-two links, to a black oak tree ; thence west, thirteen
and one half degrees north, two chains and seventy-nine links, to a rock, north,
sixty-two and one half degrees west, twelve chains and fortv-nine links, to a stake .
thence north, thirty-five and one quarter degrees west, thirty -one chains and eighty
links, to a stake ; thence north, forty-six and a half degrees west, thirteen chains
and forty-two links, to a pine tree ; thence north, thirty-one and one quarter de-
grees west, twenty chains, to a stake and stones about it; and thence the same
course to Exeter line, &c. ; all which courses and distances, is of the northward
side of the highways ; which highway is four rods wide, &c.

And here are the courses and distances of the second highway, as follows :
Beginning at a stake and stones about it, on the westward side of the abovesaid high-
way, it being at the most northerVimost turn in the aforesaid highway ; from thence
south, thirty-one and a half degrees west, sixty-one chains, to a black oak tree ; thence
south, ten degrees east, twelve chains and seventy-five links; thence south, six chains,
twelve degrees east, twenty-eight chains and twenty-five links, to a black oak tree;
thence south, twenty-seven degrees east, twenty-seven chains an. I fifty links ; thence
south, six chains, &c., to a stake ; thence south, thirty-seven degrees west, twenty-
seven chains atid fif^y links, &c. ; thence west, nine chains and ninety links to a

VOL. V. 46



362 ' UEC(JRl).S nF the COLONi' OF KHODE ISLAND [1752.

wliitc oak tree; tbciicc south, lifty-five and a half degrees west, fourteen ehains and
sevei)ty-fivo link?, to an oak tree ; thence south, thirty-two and a half degrees west,
three chains and fifty links, to a chestnut tree ; thence twenty-four and a half de-
grees west, four cliaiiis and forty-one links to a walnut tree ; thence south, thirty-
eight and a half degrees west, one chain and sixty -eight links, to a white oak tree ;
thence west, thirteen and three quarters degrees south, seven chains and fitty-seven
links, to a white oak tree ; thence west, one and one quarter degrees south, three
chains and seventy-five links, &c. ; thence north, seventy-one degrees west, three
chains ; and thence north, fifty -seven and a half degrees west, three chains and
forty-three links, to a black oak tree ; thence west, six degrees north, three chains
and ninety-four links ; thence south, thirty-seven degrees west, two chains and
twenty-three links, to a white oak tree ; thence south, sixty-three degrees west, one
chain and nine links, to a black oak tree ; thence south, thirty-one and one half de-
trrees west, five chains and twenty-two links, to a black oak tree ; thence south,
seventeen degrees west, three chains, and eighty-one links ; and thence south,
sixty-tour and a half degrees west, three chains and forty-seven links, to a black
iiak tree ; thence west, ten and a quarter degrees south, three chains and ninety
links, to a black oak tree ; thence west, thirteen and a half degrees north, eight
chains and three links, &c. ; thence the same course, four chains and thirty-five
^inks, to '.a dry pine tree ; thence west, six degrees north, nine chains, to a pine
tree ; thence west, seventeen and a half degrees south, three chains and eighteen
links, to a rock ; thence west, fourteen degrees north, two chains and eighty-seven
links ; thence west, four degrees north, one chain and sixteen links, to two chest-
nut trees ; thence south, sixty-two degrees west, one chain and eighty links ; thence
south, sixty-six degrees west, three chains and twenty-five links, to a rock ; thence
south, thirty-two and one quarter degrees west, eight chains to a stake, through a
cedar swamp ; thence south, sixty degrees west, three chains and seventy-two
links, to a chestnut tree; thence south, fifty-four degrees west, two chains and
thirtv-nine links, to chestnut tree ; thence south, twenty-four degrees west, two
chains and seventy links, to a bush ; thence south, twenty-one and one quarter de-
grees east, two chains and fifty links, to a black oak tree; thence south, six degrees
east, one chain and eighty-seven links, to a heap of stones ; thence south, fifty-
seven and a half degrees west, three chains and fifty-five links, to a white oak tree ;
thencp south, three and a half degrees west, two chains and seventy-five links, to a
forked chestnut tree ; thence south, forty-six and a half degrees east, two chains
and forty-one links, to a black oak tree ; thence south, forty-seven and a half de-
grees east, five chains, to a high rock ; thence south, fifty degrees east, six chains
and ninety-three links, to a white oak tree ; thence south, nine and a half de-
grees east, two chains and twenty-five links ; thence south, thirty-nine degrees
west, one chain and fifty links, to a black oak tree ; thence south, fort^'-one and a
half degrees west, one chain and forty-four links ; thence south, eleven and three
([uarlcrs degrees east, one chain, and ninety links; thence south, fourteen degrees
west, four chains and thirty-four links ; thence south, twenty denfrees west, eleven
chains and twenty-five links, to a rock ; thence south, eight and a half degrees east,
fourteen chains and ninety-three links, to a black oak tree ; thence south, twenty-
nine and a half degrees cast, (bur chains and seventy-one links; thence south,
twplvo and a half degrees east, sixty-four chains, to a stake and stone about it ;
thence south, seven and one quarter degrees east, twenty-five chains and fifty
links, to a stone li'.ap ; thouce south, twenty-seven deorrecs west, seven chains and



1752.]



AND PROVIDENCE PLANTATIONS. 3G3



eighty-one links, to a white oak tree ; thence south, forty-six degrees west, four
chains and twenty-five links, to a black oak tree ; thence south, forty -six and a lial^
degrees west, two chains and eighty-eight links, to a black oak tree i thence south,
sixteen and a halt degrees west, three chains and sixty-four links ; thence south,
fourteen degrees west, ten chains, to two sapling oaks ; thence south, nineteen and
a half degrees west, three chains, and twenty-five links, to a black oak tree i thence
south, thirty-seven and a half degrees west, three chains and fifty seven links, to the
corner of Samuel Hill's land, all which courses and distances being ou the north
and west side of said highway, and is four rods wide, and the remaining part three
rods wide ; continuing on the same side of the highway, &c. ; thence south, two and
and three quarters degrees west, nine chains and ninety-five links, to a black oak
tree ; thence south, eighteen and a half degrees east, four chains and forty-four
links, to a black oak tree ; thence south, fifteen and a half degrees west, seven chains
and fifty links, to a rock ; thence south, nine and a half degrees west, three chains
and twelve links, to a white oak tree ; thence south, two and three quarters de-
grees west, ten chains and fifteen links, to a bush ; thence south, fifteen degrees
west, two chains and fifty links, to a white oak tree ; thence south, fourteen and one
quarter degrees west, one chain and eighty-eight links, a little east of a spring ;
thence south, twenty-four and a half degrees west, five chains and fourteen
links ; thence south, twenty-one degrees west, two chains, and sixty-one links, to
two black oaks ; thence south, two and three quarters degrees west, six chains and
seventy-one links, to an oak tree ; thence south, eighteen and three quarter degrees
west, thirteen chains and eighty-six links ; thence south, thirteen degrees west, sev-
en chains and fifty links, to a stake and stones about it ; thence south, eighteen and
three quarters degrees west, eight chains, to a dry tree; thence south, half a degree east,
twenty-eight chains and eleven links, to a stake and stones ; thence south, six and
a quarter degrees west, six chains and forty-four links, to a stake and stones ^
thence south, nine and three quarters degrees west, thirteen chains and seventy-
five links, the same course, thirteen chains and sixty-six links, to a stake ; thence
south, sixty-five degrees west, seven chains and twenty-five links, to a stake ;
thence south, ten degrees east, nineteen chains and six links, to a stake ; thence
south, thirty degrees east, one chain to a stake ; thence south, sixty degrees east,
and sixty-four links, to a stake ; thence south, thirty-one degrees east, three chains
and seventy-one links, to a black oak tree ; thence south, six and a half degrees
east, nine chains and forty-six links, to do. ; thence south, fourteen degrees east,
seven chains and eighty-seven links, to a white oak tree ; thence south, eighteen
degrees east, one chain and seventy-eight links, to a stake ; thence south, fifteen
degrees west, two chains and sixty-seven links, to a stake ; thence south, thirty-
three and a half degrees west, seven chains and seventy links, to a black oak
bush ; thence west, one quarter of a degree north, ten chains and fifty links, to
Capt. Maxson's corner ; thence south, nineteen and a half degrees east, three
chains and fifty-five links, to a stake ; thence south, thirtj'-five degrees west, four
chains and twenty-nine links, to a rock and stones on it ; thence south, thirty de-
grees west, twelve chains and twenty-five links, to a stake and stones ; thence south,
two and a half degrees east, and five chains; thence south, twenty-two degree*
west, five chains and sixty-four links, to an apple tree ; thence soutli, thirty-one
degrees west, four chains to a stone, and thirteen links, to the south of Uapt. Max-
son's door, &c. ; thence south, forty-two degrees west, one chain and seventy-three
links, to a gate post : tlieni.-e south, thirty-one degrees west, three chains and nine



364 RECORDS OF THE COLONY OF RHODE ISLAND [1752.

links, to a stake ; tlience south, sixty-three and a half degrees west, five chains and
fifty-two links, to a stake and stones; thencej south,r-seventy-four degrees west,
seven chains, to a heap of stones ; thence south,^twenty-two ;degrees_west, one
chain and fifty links, to the same course, seven chains, to a chestnut tree; thence
south, twentv-five degrees west, ten chains and fifty-six links, to a stake ; thence
south, fifty-two and a half degrees west, two chains and ninety-three links, to a
white oak tree ; thence south, fifty and a half degrees west, six chains and forty-
two links, &c. ; south, fifty-one and one quarter degrees west, sixty-seven chains and
eighty- ein-ht links, to a stake ; thence west, sixteen dogrees'seuth, three chains and
eifhtv-six links, to a cherry tree ; thence south, thirty-nine]and[a half degrees west,
two chains and sixty-one links, to a cherry tree; thence south, twenty-six and a half
decrees west, two chains, and seventy-five links, to a stake and stones ; thence
south, five decrees west, four chains and thirty-eight links, to a stake and stones ;
thence south, seventeen degrees west, four chains, to a stake and stones ; thence
south, twenty-six and a half degrees west, six chains'^and fifty-nine links, to
Esquire Randall's land ; tlience south, twenty-eight and a half degrees west, seven
chains and fifteen links, to a white oak tree ; thence south, thirty-six degrees west,
three chains and nine links, to a birch tree ; thence south, twenty-nine degrees
west, one chain and eighteen links, to a stake ; thence south, thirty-two degrees
wfcst, two chains and ninety links, to a black oak tree ; thence south, fifteen de-
crees west, three chains, to a stake ; thence south, nine and three quarters degrees
west, -ten chains and seventy-two links, to a stake ; thence south, seventeen and a half
decrees west, four chains and thirty-four links, to a stake ; thence south, fifteen and
a half degrees west, nine chains and thirty -four links, to a stake; thence south,
twenty-four degrees west, two chains and eighty links, to a stake ; thence south,
thirty-eight degrees west, eight chains and fifteen links, to a stake and stones ;
thence south, twenty-six and a half degrees west, twelve chains and ninety-five
links, to a stake and stones ; thence south, twenty-nine degrees west, eight chains,
the same course, eight chains and twenty-five links more ; thence south, twenty-
seven degrees west, six chains and eighty-eight links, to a stake ; thence south,
fifty-two degrees west, and five chains and seventy-five links, to a white oak tree •
thence south, sixty-four degrees west, five chains, to a stake; thence south, sixty-
one degrees west, two chains and twenty-nine links, to[a stake ; thence west, thir-
teen degrees south, sixty-nine links, to a rock ; thence west, eighteen degrees
north, three chains, to a stake, by the river ; thence south, twelve degrees west,
over the river, to the west side of the bridge, by Crandall's Mill.

The following is the quantity of land taken up in the said highways, and prized
to the proprietors, that we could not agree with, &c. ; and in the following manner
the proprietors' names are subscribed to the right hand of his quantity of land, and
value thereto.

[Here follows a list of the several jiarcels of land, with the value affixed thereto.]

£ 5. d.

Second highways total 349 2 10

First " " 50 4 09

£399 7 07



1752.] AND PROVIDENCE PLANTATIONS. 365



Proceedings of the General Assembly held for the Color}?/ of
Rhode Island and Providence Plantations, at Providence, the
last Wednesday in October, 1752.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

[The following Public Laws, passed during the year 1752, are printed at
length in the volume of public laws, published in the year 17G7, unless repealed
previous to that time.]

An Act empowering the freemen of the town of Providence to take up a conven-



Online LibraryRhode Island. cnRecords of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly (Volume 5) → online text (page 34 of 56)