Acts and laws, of His Majesty's colony of Rhode-Island, and Providence-Plantations, in New-England, in America.

LAWS, Made and pass'd by the General Assembly of his Majesty's Colony of Rhode-Island, and Providence-Plantations, in New-England; held by Adjournment, at East-Greenwich, on the Twenty Second Day of November, in the Sixteenth Year of His Majesty's Reign, A. D. 1742.

An ACT for the better Regulating the Choice of Petit Iurors thoughout the several Towns in this Colony.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority thereof, it is Enacted, That the Town Council of each Town within this Colony,* 1.1 shall with|in three Months after the Publication of this Act, take a List of all the Persons liable by Law, and whom they shall judge able and well qualified to serve on the Petit Juries, and lay the same before the Town, at a Meeting to be immediately called for that

Purpose, by the Direction of the Town Council; and each Town sh••ll respectively, at such Meeting, put the Names of such Persons written, on separate Pieces of Paper, in a Box, pro|vided by the Town for that Purpose, and deliver the same to the Town Clerk, to be by him kept und••r Lock and Key.

AND be it further Enacted by the Authority aforesaid, That when the Precept or Notification according to the Custom of each Town shall have been issued forth for returning Jurors,* 1.2 and the Inhabitants shall be assembled for that Choice, the Town Clerk, or one or more of the Members of the Town Council in case of his Absence or Sickness, shall carry into the Meeting the Box aforesaid, which shall be unlocked in the Meeting, and the Town Clerk, or in his Absence, one of the Town Council, shall draw out so many Tickets as there are Jurors required by such Precept or Notification, who shall be the Persons that shall be returned to serve as Jurors, saving, that if any whose Names are so drawn, are sick, or otherwise unable to serve at that Time, in the Judg|ment of the Town, their Names shall be returned into the Box, and others drawn in their Stead. And to the Intent the same Persons may not serve too often, the Clerk or Town Council Man, who shall draw the Tickets or Name of any Person returned to serve as aforesaid, shall put the same into another Box to be prepared for that Purpose, until all said Tickets be drawn out of the first Box, and then the whole to be returned into the first Box again, to be drawn out in manner as aforesaid.

AND the Members of the Town Council shall in the same Manner, once in every Year,* 1.3 during the Continuance of this Act, take a new List of such other Persons as may become suitable and qualified, and lay the same before the Town, whose Names being first by them allowed, shall be put into the Box in manner as aforesaid. And at every Time, when Jurors are to be returned from any Town, to serve at the Superior Court of Judicature, Court of Assize, and General Goal De|livery, and also Jurors for the Inferior Court of Common Pleas and General Sessions of the Peace for either County in the Colony, the Jurors to serve at the Superior Court of Judicature, Court of Assize, and General Goal Delivery, shall be first drawn out of the Box aforesaid: And when the Name of any Person is drawn out of the Box who is disqualified to serve as a Juror, that the same be wholly left out of the said Boxes.

An ACT for the better Regulation of the Freemen voting, either at the General Election or any Town Meeting in this Colony.

WHEREAS by the Royal Charter granted to this Colony by his late gracious Majesty King CHARLES the Second, the Go|vernor and Company are directed and empowered to admit all such Persons free of the said Company as shall desire the same, and are of suitable Conversations, and have competent Estates: in Pur+suance whereof, there hath heretofore a Law been made in this Co|lony, whereby it is Enacted, that no Person shall be admitted a Freeman therein, except he be a Freeholder of Lands and Tene|ments lying in said Colony, of the Value of Two Hundred Pounds or Ten Pounds per Annum: Yet notwithstanding said Law, it evidently appears, that many Persons have by Frauds and other in|direct Means, procured themselves to be made Free of this Colony, who really are not possessed of such Estate, as by the abovesaid Act is required; and also many Persons who have been heretofore pos|sessed of such Estates as qualified them to be Freemen according to the abovesaid Law, have afterwards disposed of such their Estates, and yet continue to act as Freemen in this Colony; from which many very ill Consequences have already arisen to the Colony, and many more will ensue, if not timely prevented.

For Remedy whereof.

BE IT ENACTED by the General Assembly, and by the Authority thereof, it is hereby Enacted, That from and after the Publication of this Act, no Person whatever in this Co|lony,* 1.4 shall be admitted to vote or act as a Freeman in any Town Meeting in this Colony, or at the General Election, but such only who at the Time of such their voting, or acting as Freemen, are really and truly possessed of Lands, Tenements, or Heredita|ments lying in this Colony, of the full Value of Two Hundred Pounds or Ten Pounds per Annum, be••ng their own Freehold Estate, or the eldest Son of such Freeholder.

AND be it further Enacted by the Authority aforesaid, That if any Person in this Colony shall attempt to vote in any Election within the same, who is suspected not to be qualified as abovesaid, it shall and may be lawful for any Person to inform the Moderator,* 1.5 or other Person who presides at such Election, that he hath Cause to doubt, that such suspected Person hath not a good Right to vote, and to insist that his Vote be not received without the Person suspected, will first declare on Oath or Engagement, to be administred by the Moderator, that he is really and bona fide qualified for a Voter, as is above in this Act required: And if

any Person suspected as abovesaid, shall refuse to declare on Oath or Engagement, that he is qualified as this Act requires, his Vote shall not be received by any Moderator or Person who presides at any Election in this Colony▪ Any Freedom obtained, or any Law, Custom, or Usage, to the Contrary in any wise, notwith|standing.

AND be it further Enacted by the Authority aforesaid,* 1.6 That if any Moderator or other Person who presides at any such Elec|tion, shall receive a Vote from any Person who is suspected and challenged as abovesaid, without his making Oath or Engagement as is above required, such Moderator or President, shall forfeit the S••m of Twenty Pounds in Money, to be recovered by Bill, Plaint, or Information, in any Court of Record in this Colony; the one Half to the Person that will sue for the same, and the other Half to the Poor of the Town where the Offence is com|mitted.

An ACT empowering the Vendue Masters of the several Towns in this Colony, to call Special Courts.

WHEREAS it often happens, that Persons purchasing Goods at Vendues, do neglect and refuse to pay for such Goods by them bought, by the Time limited in 〈◊〉〈◊〉 Condition of the Sale thereof, so that theOwners of them are greatl•• injured, and their Design of setting them up to publick Sale is thereby wholly frustrated.

For Prevention whereof for the Future,

BE IT ENACTED by the General Assembly of this Colony, and by the Authority thereof, it is Enacted,* 1.7 That the Vendue Masters of the several Towns in this Colony, be hereby impowered, upon any Persons neglecting or refusing to pay for such Goods bought as aforesaid at any publick Vendue, to call a special Court for the same; which Court shall consist of the Judges of theSuperior Court, any three of whom to be a Quorum, for holding of said Court,* 1.8 who shall have Cognizance of all such Actions arising or happenning in Manner as aforesaid, and said Judges are hereby empowered to give Judgment there|in, and award Execution thereon; which Judgment shall be final.

AND be it further Enacted by the Authority aforesaid, That all Writs and Processes for the bringing any Cause or Suit to Tryal,* 1.9 sh••ll issue out of the Clerk's Office of such Court in his Majesty's Name, under the S••al of the said Court, to be signed

by the Clerk, and directed to the Sheriff or his lawful Deputy: And that all such Writs and Processes issued out as aforesaid, shall be served three Days before the Day of the Sitting of such Court, to be by the Judges of said Court appoin••ed; and the Declara|tion shall be filed on said Writ at the Opening of said Court.

AND be it further Enacted by the Authority aforesaid, That the Sheriff or his lawful Depu••y, sh••ll return to said Court, twelve good and lawful Jurors, to try the Issue that shall be joined between the Parties.

AND be it further Enacted by the Authority aforesaid, That the Execution that shall be issued in Pursuance of such Judg|ment that shall be given, shall be returned to the Clerk's Office in Fourteen Days after the Execution is taken out.

AND that the Clerk of the Superior Court be the Clerk of said Court in the County of Newport, and the Clerks of the In|ferior Courts in the othe•• Counties be Clerks of said Special Courts in their respective Counties: And that the Judges and Officers of said Court be entitled to the Fees that are already established by Law.

An ACT to prevent the Fish being stopp'd in their Course up Pawcatuck River.

BE IT ENACTED by the General Assembly of the Colony aforesaid, and by the Authority thereof, it is Enacted, That from and after the Publication hereof,* 1.10 no Person or Persons whatsoever, owning Land in this Colony, adjoining to said Paw|catuck River, or possessing the same, shall suffer any Dam or Ware to be erected or extended across said River to their Land, or the Land in their Possession in this Colony, or shall suffer any Seine to be extended across said River, and there to stand for the Space of more than two Hours in one Day, or shall any other Way obstruct the Course of said Fish, otherwise than by h••ling after the common Manner of seining Fish, on the Penalty of Twenty Pounds; to be recovered by Bill, Plaint, or Information, at the General Sessions of the Peace in the County of King's County, where the Parties offending, shall be liable to be bound to appear, by any Assistant or Justice to whom Complaint is made.

AND be it further Enacted by the Authority aforesaid, That all Persons havi••g Dams already erected across said River, shall from the Tenth Day of April to the Twentieth D••y of May an|nually,* 1.11 leave a Sp••••e or Breach in each and every Dam Ten Feet wide, for the Fi••h to take their ••ourse through, upon the Pe|nalty aforesaid, to be recovered ••s aforesaid, on Failure of open|ing and keeping open such Dam for the Time aforesaid; one Half to the Informer who sues for the same, and the other Half to the General Treasury.

An ACT for Payment of the Interest and Tenths already due, and giving Bonds for the remaining Tenths due on the Banks emi••••ed in the Y••••rs One Thousand Seven Hundred and Twenty Eight and One Thousand Seven Hundred and Thirty One.

WHEREAS many of the Persons who took of the Bills of Credit of the Banks emitted by this Colony in the Years One Thousand Seven Hundred and Twenty Eight and One Thous••nd Seven Hundred and Thirty One, have neglected to give Bonds for the Tenths.

IT Is Therefore VOTED and RESOLVED, That if all such Persons do not by the last Day of March next, pay all the Interest due on said Bills taken out as aforesaid, as also so much of the Tenths as shall be then due, and give Bonds for the remaining Tenths, agreeable to Law, that the Mortgages gi|ven for Security of the Payment of said Bills taken out as afore|said, be then immediately put in Suit against the Persons in Pos|session of the Lands mortgaged. And that no Bonds be received from any Persons, but such as can make it appear, that the whole Interest has been paid. And that this Act be made Publick in each Town in this Colony by the respective Town Clerks, as soon as by them received.

An ACT appointing the several Town Meetings for choosing Deputies, and proxing for General Officers in this Colony, to be held on the same Days.

BE IT ENACTED by the General Assembly of this Colony, and by the Authority thereof, it is Enacted,* 1.12 That for the Future all the Town Meetings in this Colony for choosing for May Sessions and for Proxing for General Officers, be held on the first Tuesday of March annually; and for choosing of Depu|ties for October Sessions, on the last Tuesday of August annually: And that no Proxies be put in on any other Day than above men|tioned.

Notes

• * 1.1

  Town Council to ••ake a L••st of Perso••s ••ua••••fied to serve on Ju|••••••s.
• * 1.2

  Method of r••|turning Juro••s.
• * 1.3

  List to be ta|ken annu••lly.
• * 1.4

  No Person to vote as Free|men, but Free|holders and their Eldest Sons.
• * 1.5

  Persons ••hal|leng••d to make Oat•• that they ••e poss••ssed of a F••eehold.
• * 1.6

  Moderator to b•• fined for re|c••iv••ng a Vot•• contrary to this Act.
• * 1.7

  Vendue Ma|sters empow|ered to call special Court••.
• * 1.8

  Who are to constitute said Courts.
• * 1.9

  〈◊〉〈◊〉 of P••oceeding.
• * 1.10

  ••••urse of Fish up Pawcatuck River not ••o b•• obstructed.
• * 1.11

  Vide Act March 17••••.
• * 1.12

  All the Town Meetings for choosing De|pu••i•••• ••nd ••or Proxin••, to b•• held on th•• same D••y.