Page images
PDF
EPUB

But in case the said person or persons so convicted, have not a competent estate to respond said fine and damages, that then it shall be lawfull and in the power of the Court to inflict corporall punishment by imprisonment in the House of Correction, not exceeding three months; or by whipping, not exceeding thirty-one stripes on his or her naked back.

And it is further enacted by the authority aforesaid, That if any commander or master of any ship or vessell coming into any port of this Collony, shall land or cause to be landed and put on shore, any passenger or passengers, that shall not be admitted by the authority to abide or inhabit within said Collony, that then it shall be lawfull for and in the power of any one Assistant, Justice, Conservator or Warden, to require and command such commander or master, as aforesaid, forthwith to take such passenger or passengers on board his said ship or vessell, and carry off and out of said Collony. But in case any of said commanders or masters, being so commanded or required, shall refuse or neglect to proceed accordingly, that then it shall be lawfull for any Assistant or Justice, &c., to grant forth his warrant to any Constable to apprehend such commander or master, and commit him to his Majesty's jail, there to remain till he shall take on board any such passenger or passengers, as aforesaid, or give good security, in the sum of one hundred pounds, that said passenger or passengers so landed, shall not be chargeable to the town or parish, where so landed; any Act or Acts, clause or clauses, to the contrary hereof notwithstanding.

Whereas there was an Act made the 28th of October, 1677, that there should be six training days in the year, and this Assembly taking into mature consideration, and finding it to be a great burden to the poor in losing much time:

Be it therefore enacted by the authority aforesaid, and it is hereby enacted, That from and after the publication hereof, there shall be but four training days in one year; and three of them to be at the discretion of the commissioned officers of each respective Train Bands within this Collony; and the day of election for military officers to remain as in the former Act.

And whereas the fine was but two shillings for each day's defect, for not appearing in arms:

It is further enacted by this Assembly, That for the future, after the publication hereof, the fine for not appearing in arms, when lawfully warned thereunto on said training days, shall be three shillings for each day's defect, with sixpence for each distraint, if not paid as the former laws direct; any Act or Acts, clause or clauses, to the contrary hereof notwithstanding.

Whereas some of the inhabitants of Jamestown petitioned this Assembly that they may not be debarred or hindered from transporting themselves or goods, &c., in their own boats, &c.:

Be it therefore enacted by this Assembly, and it is hereby enacted, That the free inhabitants of Jamestown shall have their liberty at all times to transport themselves and neighbors with their goods or clothes in their own boats; provided, they transport not any for money, or any sort of pay, whereby the stated ferries may be damnified, except there be great occasion or necessity when the ferry boats are out of the way, and cannot be had.

Whereas, Samuell Cranston, Esq'r, Governor, his account of one hundred and five pounds, which was in his hands, belonging to the Collony, was audited by Capt'n Isaac Martindale and Capt'n Nathaniell Coddington, and presented to this Assembly, and is allowed of as a just account; and upon the bal lance of said account there remains due to the Governor from the Collony thirty-two pounds; also the account concerning Robert Munday, which the Governor presented to this Assembly, is allowed of as a just and honest account. An Act for the enabling the Recorder to send copies of the Acts passed at this Assembly within twelve days after the adjournment or dissolution of said Assembly, which shall first happen, to the respective towns in the Collony.

Be it enacted by said Assembly and by the authority thereof, That the Recorder of this Collony, shall within twelve days after the adjournment, or dissolution of this present sessions, which shall first first happen, send copies of said Assembly's

Acts to every town in said Collony, that they and every of the said Acts may be put in execution and in full force and virtue.

And it is further enacted, That the said Recorder shall have for each respective copy sent to the respective towns, paid out of the Generall Treasury the sum of fifteen shillings.

And it is further enacted, That the Acts passed at this Assembly, be published by beat of drum to-morrow morning, at 8 o'clock, under the Seal of the Collony; and upon the publication thereof, the Assembly to be adjourned to the last Tuesday in August next, in Newport, without the Governor or Deputy Governor see cause to call it sooner.

The said Acts being published according to order, the Assembly is adjourned, as aforesaid.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, the 25th day of August, 1702.

Major Samuell Cranston, Governor.
Weston Clarke, Recorder.

At a Generall Assembly held at Newport, within and for her Majesty's Collony of Rhode Island and Providence Plantations, upon adjournment from the 6th of May last past, unto the 25th day of August, 1702.

This Assembly taking into their consideration the many inconveniences and great trouble that doth attend the af fairs of this her Majesty's Collony of Rhode Island, &c., for want of due compliance with, or just obedience rendered to the severall Acts of Assembly made within and for her Majesty's

Collony, and more especially by reason of severall towns not paying their part of such rates or taxes, as by severall Acts of Assembly made in said Collony, will more at large appear.

For preventing the like troubles for the future, as likewise for the more effectuall gathering and bringing into the Generall Treasury of said Collony all such Collony rates as hereafter shall be made for the defraying the publick charge of said Collony:

Be it enacted by this Assembly and the authority thereof, and it is hereby enacted, That the Assistants, Justices of the Peace, Wardens, and Conservators of the Peace of each town, within this Collony, shall, and have hereby full power and au thority to them and each of them granted from time to time. and at all times hereafter, to grant forth their warrants to the respective Constables of each town whereunto they belong, for gathering all such rates as hath been formerly made, and not fully gathered, and to prosecute the same till they be fully gathered and delivered into the Treasury without any delay, notwithstanding the time limited for the payment of said rate or rates may be expired; as likewise to cause the inhabitants of each town, if it should so happen, that they have neglected to choose rate makers for the proportioning any rate heretofore ordered by Act of Generall Assembly, and not yet proportioned on the inhabitants of the respective towns; and upon neg lect or refusall of any town, to proceed accordingly, then the Assistants, Justices, &c., to proceed according to former Acts in such cases made and provided.

And it is further enacted by the authority aforesaid, That if any Assistant, Justice of the Peace, Warden, &c., shall neglect his or their duty in granting forth their warrants, either for gathering of the rates where it is already proportioned, or in any wise shall neglect his or their duties for the space of twenty days after the publication of this Act, shall for each defect forfeit the sum of twenty pounds, to be recovered by an action of debt commenced against him or them so offending. And the Generall Treasurer of said Collony for the time being, shall and hath hereby full power to commence and prosecute

said action or actions in any Court of Tryalls, where no imparlance or other dilatory plea shall be allowed.

And it is further enacted by the authority aforesaid, That if any Constable or Constables within said Collony, shall neglect his or their duty in gathering said rates according to the warrants to them directed, they shall forfeit the sum of twenty pounds, to be recovered by the same order, method and proceedings as is provided concerning the Assistants, &c.; any Act, clause or clauses, to the contrary notwithstanding.

And it is further enacted by the authority aforesaid, That all such fines and forfeitures so taken and recovered, as aforesaid, shall be returned into the Generall Treasurer's office, for the use of the Collony.

And it is further enacted by the authority aforesaid, That if any Assistant, Justice, Warden or Constable, shall neglect his or their duties, according to what is above said, concerning any rates hereafter assessed on the inhabitants of said Collony, they shall be deemed guilty of the forfeiture above mentioned, and to be recovered in manner abovesaid.

Voted, That Capt'n Joseph Sheffield, and the Treasurer, Lieut. John Holmes, have full power to account with Mr. Jahleel Brenton, concerning his voyage for England, on the Collony's account, and make their return to the next Assembly.

Voted, This Assembly's Acts be published forthwith in the town of Newport, under the Seal of the Collony; and copies thereof sent to each town in this Collony, within ten days, and the Recorder to be paid out of the Generall Treasury, two shillings for each copy.

The Assembly dissolved.

[blocks in formation]
« PreviousContinue »