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other half into the general treasury, he giving good socunty
for that purpose ; —



4G RECORDS OF THE COLONY OF RHODE ISLAND [1742.

Whereupon, it is voted and resolved, that the said petitioner,
John Potter, have the liberty of paying the sum of £5,000
(being one-half of all his fines), into the general treasury, in
gold dust, at £20 per ounce; and that Peter Bours, Esq., be,
and he is hereby appointed to examine said gold dust, with the
general treasurer, to see that the same is merchantable ; and
that upon the petitioner's so doing, he have a further time
granted, until the 8th day of October, next ensuing, for the
payment of the other £5,000, being the remaining half of all
his fines, he giving bond to tlie general treasurer of this
colony, with two sufficient sureties, to pay the same at the said
time.

Whereas, the inhabitants of New Shoreham, in the county
of Newport, did set forth, that they were under difficult cir-
cumstances respecting their piers, the old one being almost de-
stroyed, and the new one barred up, occasioned by great
storms in the winter seasons ; and as the said piers are not
only of great service to the said inhabitants, but to all others
living within the government, the same being convenient for
boats and small vessels to harbor in ; and as your petitioners
have been at great charges to repair the same, and their en-
deavors have hitherto proved fruitless, by the frequent storms
that have happened, before the same could be completed,
therefore prayed this General Assembly to allow them so mucli
money (towards building the pier) as was allowed last summer
to the soldiers sent there, for their assistance, and that they
would lessen that charge by doing more duty themselves ; —

Whereupon, it is voted and ordered, that the sum of £200
be allowed and paid out of the general treasury, to Capt. Edw.
Sands, for the uses and purposes aforesaid.

Whereas, Col. John Cranston (as captain of Fort George),
did present to tliis General Assembly, an account for his own
service the last year, and for the service and allowance of
1)oard wages, to the gunner, and two other men at said fort,
from the 1st day of November, 1741, to the 1st day of May
instant, being six months, and amounting to the sum of £220
T'lv., riming an allowance lliereof; —



1742.] AND PKOVIDENCE PLANTATIONS. 47

Whereupon, it is voted and resolved, that the said sum of £220
IQs., be allowed and paid out of the general treasury, to the
said John Cranston, for him to pay the said gunner and two
other men, their several parts thereof.

God save the King.



Proceedings of the General AssemUi/, Mdfor the Colon?/ of Rhode
Island and Providence Plantations, at Neiuport, the 21st day
of June, 1742.

The Hon. Richard Ward, Governor.

The Hon. Wilham Greene, Deputy Governor.

With the assistants and deputies from the several towns.

Voted and resolved, that the sum of £15 be allowed and paid
out of the general treasury, to Benjamin Ellery and Peter
Bours, Esqs., being for their trouble in procuring and charter-
ing the sloop Olive Branch, Aaron Sheftield, master, for pur-
chasing the provisions and stores in said sloop, to accommodate
the honorable commissioners from Nova Scotia.

Whereas, Benjamin Ellery and Peter Bours, Esqs., Messrs.
Joseph Whipple and Josias Lyndon, were appointed a commit-
tee to audit the accounts respecting the billeting of soldiers in
the county of Newport, that were raised in this colony, to go
against the Spaniards, and the charges accruing thereon, did
report that they had examined the several accounts relating
thereto, and found the whole of the amount of the said accounts
exhibited by Col. John Gardner, to be £3070 18^. 4c/.;—

It is thereupon voted and resolved, that the said report be
accepted (saving one article of £17 lOs. for the board of Ser-
geant Welsh's wife, paid James Davis, which is rejected), the
persons exhibiting said accounts, having received fidl satisfac-
tion for the same.

Whereas, Benjamin Ellery and Peter Bours, Esqs., Messrs.



48 RECORDS OF THE COLONY OP RHODE ISLAJNTD [1742.

Joseph Whipple and Josicas Lyndon were appomted a commit-
tee to audit the accounts respecting the billeting of soldiers in
the county of Kings county, that were raised in this colony, to
go on an expedition against the Spaniards, and the charges ac-
cruing thereon, did report that they had examined the several
accounts relating thereto, and found the whole of the amount
of said accounts exhibited by Col. Joseph Stanton, to be £541
2..;-

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 tliat they
had examined the several accounts exhibited, and found the
same amounted to £2,797 7s. 4t/. ; —

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
ill the public prints, together with the names of the persons
appointed to cxeliangc the same.

Voted, that Jainos llonc3'man, Jr. and Daniel Updike, Esqs.
be allowed and p;ii(l out of ilie general treasury, the sum ol



1742.] AND PROVIDENCE PLANTATIONS. 49

£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 1st 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



50 RECORDS OF THE COLONY OP RHODE ISLAND [174'



Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the second
Tuesday in Septemher, 1742.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several to"wns.

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



1742.] AND PKOVIDENCE PLANTATIONS. 51

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 oflScers), brought into this colony; and send them
away at the charge of said colony, upon the best terms he
can.

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 secretar}'- 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 serr
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, aud for
wood laid in for the use of the soldiers in the ensuing winter,
amounting in the whole to £606 16-5., craving an allowance
thereof; —

Whereupon, it was voted and resolved, that the said sum of
£606 IQs., he allowed and paid out of the general treasury, to
the said John Cranston.

Whereas, Messsrs. Stephen Hopkins, James Aldrich, Jeoffry
Ilassard, John Smith and Robert Hall, were, by the General
Assembly of this colony, at their session, held by adjournuient,
on the second Tuesday in September, last past, appointed a
committee, the}', or any three of them, to inspect into the cir-



52 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, Roliert Hall, James
Aldrich and JcolTry Ilassard, 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 WarivicJc highway.

We, the sub?cribei-s, 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 Holdou, at, or near a pair of bars, in said Iloldon'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 cross the said river, to the lands of Andrew Barton, where we marked a
walnut pole, on the easterly side of the way ; and from thence, 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
uortli 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, where
this way doth not go in either of them ; and that the lands of the said liighways
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 " lliver."

All which, being read to the parties concerned, they have consented to the same ;
which is submitted to Your Ilonors's consideration.



1742.] AND PEOVIDENCE PLANTATIONS. 53

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 Kin 2;.



Proceedings of the General Assembly/ held for the Colony of
Rhode Island and Providence Plantations, at East Greemmch,
on the fourth Monday in Novemler, 1742.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several towns.

Voted and resolved, tliat 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 tbe 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-



54 RECORDS OF THE COLONY OP RHODE ISLAND [1742.

ceptecl ; 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. lOcl, 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 afiairs, 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



1742.] AND PROVIDENCE PLANTATIONS. 55

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 flirm ; and from thence, to the north-
east corner of Isaac Gardner's fiirm (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 Ilelme, 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. :

W"e, 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 tlie same course from said



56 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,
eastward, 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 he, 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 fiirm, 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 public 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 l)ecn 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.



1742.] AND PKOVIDENCE PLANTATIONS. ht

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 Cohny 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. 8



58 RECORDS OF THE COLONY OF RHODE ISLAND [1742.



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 5 of 56)