ceive the appeal of Samuell Wait, plaintiff, on an appeal from the Court of Trialls, held in Newport, the first Tuesday in September last past, in an action of trespass and ejectment against Abraham Anthony, defendant; and both plaintiff and defendant being called, they appeared, and no reasons of appeal being entered in the Recorder's office by the plaintiff, as by law required, it is the opinion of both Houses that there is nothing in said case cognizable before them.

An Act for stating two fairs annually in the town of Portsmouth.

Whereas, the severall Deputies for the town of Portsmouth, on Rhode Island, by their address, did represent to this Assembly the great benefit and advantage that might accrue, not only to said town, but also to other places for the settling and levying a fair, to be kept twice a year in said town:

Upon consideration thereof, it is enacted by the Honorable the Governor and Assistants, with the House of Representatives convened in Generall Assembly, and it is enacted by the authority thereof, That from and after the publication of this said Act, there shall be kept annually within the said town of Portsmouth, two fairs; the first to begin the last Tuesday in May, annually. And the other on the first Tuesday in November, annually. And each fair to be kept three days.

And it is further enacted, That the town of Portsmouth in their town meeting, shall appoint the place where each fair shall be kept.

And whereas, there has been some difference between Mr. Gideon Crawford, and Mr. Daniell Williams, of the town of Providence, about a highway in said town, between the lands or lots of said Mr. Daniell Williams and Nicholas Power, and do find that said highway hath of a long time by order of the proprietors of said town, been kept fenced:

It is therefore ordered and enacted by this Assembly, That the aforesaid highway shall be a highway for all her Majesty's subjects freely to pass and repass with horse-carts, or waines, or otherwise, as they may have occasion. Notwithstanding we do allow and permit that each end of said highway, shall, or

may be fenced, leaving convenient gates or bars for travellers as aforesaid, untill the proprietors of the field shall see cause to order it otherwise.

Whereas, it hath been represented to this Assembly, that there are severall persons settled in the Narragansett country, to the westward of East Greenwich, that are not settled under any jurisdiction as to township; this Assembly having considered the same:

Do enact as followeth, That after a due west line is extended from the south line of Greenwich to the Collony's west boundary, that all the inhabitants to the northward of that line to Warwick south line, shall be under the jurisdiction of East Greenwich untill further order. And all the inhabitants to the southward of that line to Westerly north bounds, shall be under the jurisdiction of Kingstown, till otherwise ordered by Act of Assembly.

An Act to allow Thomas Whipple, of the town of Providence, a review upon an action some years past, between him, the said Resolved Waterman, and said Whipple.

Whereas, Resolved Waterman, of the town of Providence, was by said town, chosen to the office of a Town Sergeant, but refused to give his engagement to said office, whereupon he made himself liable to pay a fine of twenty shillings; and he refusing to pay the said fine, the then Magistrates viz.: Mr. Joseph Williams, and Major William Hopkins, issued forth a warrant to Mr. Thomas Whipple, of said Providence, whom they constituted a Speciall Sergeant, to distrain on the estate of the said Resolved Waterman, and from him to take the said fine; the which, the said Thomas Whipple accordingly did. Whereupon, the said Resolved Waterman took out a writ and arrested the said Sergeant Thomas Whipple, and prosecuted his suit against said Thomas Whipple unto judgment, at a Court of Trialls, held for the Collony, at Newport, the last Tuesday in March, 1701. But verdict of jury and judgment of Court was against the said Thomas Whipple, defendant, with very great damages. And whereas, there is a law extant in the Collony, which allows of a review, when a person is cast in

his action, the which review ought to be entered in a certain time. And whereas, the said Thomas Whipple relapsed the time of entering his review; whereupon execution went forth against him to his very great damage, he being a man of but mean estate, and he judging of himself to be very greatly wronged by said prosecution. Whereupon for relief he addressed himself to the Generall Assembly; the which address hath been referred from one Assembly to another, and now brought before this Assembly. And whereas, it is very requisite that reviews unto actions should be entered within the time, as the law requires; yet as matters may be circumstanced, we conceive it cannot be prejudicial nor any impediment unto the said law, to grant a person a review of his action, by a particular and special order from the Assembly. For if the person do review in time, as the law requires, he could but have his triall; and if by a speciall order, he do review it, it will be no more but a triall, as a triall is a triall, whether the review be entered in season, or by a speciall grant, and the law allows either plaintiff or defendant two trialls in one case, if he see cause; the which, if he be abridged of, he will be deprived of the benefit which the law affords for relief. And forasmuch as the said Thomas Whipple conceives himself greatly wronged by that triall, which hath already been, and humbly implores the Assembly for relief in the case, that he may have a review of his action to him granted :

Be it therefore enacted by this present Assembly and the authority thereof, and it is hereby enacted, That the aforesaid action between the said Resolved Waterman, plaintiff, and the said Thos. Whipple, defendant, shall by virtue of this Act, be reviewed, and have another triall upon the same process as the former triall was brought to judgment; and shall be as if a review had been entered in season. And yet this speciall order shall no way impair nor weaken the force of the law for entry of reviews within the time by the law appointed; and that the said triall shall be at the Court of Trialls to be held at Newport, the last Tuesday in March next.

I, Simon Smith, being a Deputy at the Generall Assembly,

at Providence, the last Wednesday in October, 1706, do dissent against. the Act that gives Thomas Whipple [the] priviledge to review upon a case against Resolved Waterman, for that he hath relapsed the time to put in his review according to the law of this Collony.

Whereas, John Weeks, and Anthony Low, Constables for the town of Warwick, in the year 1704, received a warrant from the Generall Treasurer to gather in the rates of said town according to the rate bills, and in said rate bill there were severall persons rated, which were in controversy between the town of Providence and Warwick, and there being a Prohibition forbidding the said Constables of Warwick to gather any rates there; and whereas, there is an execution out against said Constables for the money which they say they could not gather by reason of said Prohibition; and do pray that execution may be stopped till the next Assembly. The which petition is granted, that execution shall be stopped till the next Assembly.

And it is further enacted, That the Acts of this Assembly be copied out by the Sheriff, who is Clerk of the House of Magistrates, and published by beat of drum, in the town of Newport, within ten days after the dissolution of this Assembly; and that the copies thereof be sent within twenty days after the dissolution of this Assembly, under the Seal of the Collony, to each town in this Collony; and the Clerk to have six shillings for each copy.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Portsmouth, May the 5th, 1691.*

* The Journals of the General Assembly of the sessions of May and June 1691, are not among the archives of the State, and do not appear in their proper place in this volume. After printing the proceedings for the year 1691, these Journals were discovered among the documents in Mr. John Carter Brown's Collection, copied from the State Paper Office, London; the originals of which, as it appears, having been sent to England by the Earl of Bellomont.