USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 10
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Passed July 8, 1844.
[City Council Records No. 2, page 186.]
[August 12, 1844.] Upon the petition of Edward S. Sheldon it is Resolved that the said Sheldon be and he is hereby authorized to fence in and enclose a burying lot in the North Burial Ground for a place of Deposit for the remains now in the Old burial Ground of the. Sheldon family near Transit Street (which remains are to be removed from said Old Burial Ground by Authority of an Act passed by the General Assembly) and to deposit the same therein : provided the same shall be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided that the privilege hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall continue during the pleasure of the City Council and no longer.
Passed August 12, 1844.
[City Council Records No. 2, page 188.]
[August 12, 1844.] Upon the several petitions of Isaac Fish Lyman Ware and Benjamin Newton requesting liberty to fence in and enclose Burying lots sufficient for their respective families in the North
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Burial Ground it is Resolved that the prayers thereof be granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided that the several privileges hereby granted shall be subject to all future regulations of the City Council relative thereto and shall continue during the pleasure of the City Council and no longer.
Passed August 12, 1844. [City Council Records No. 2, page 189.]
[August 13, 1844.] Upon the petition of Zachariah Allen & others relative to the North Burial Ground it is resolved that the same be received and referred to Messrs Knowles, Patten, Peck and Stimson of the City Council together with Messrs Zachariah Allen and Isaac Brown to examine and report thereon.
Passed August 13 1844. [City Council Records No. 2, page 190.]
[September 9, 1844.] Upon the several petitions of Samuel C. Eathforth John Gorham William G. Angell Sarah Pratt and Albert Holbrook requesting liberty to fence in and enclose burying lots suffi- cient for their respective families in the North Burial Ground it is resolved that the prayers thereof be granted and that the said petitioners be and they hereby are severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided that the several privileges hereby granted shall be subject to all future regulations of the City Council relative thereto and shall continue during the pleasure of the City Council and no longer.
Passed September 9 1844.
[City Council Records No. 2, page 192.]
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[April 21, 1845.] Ordinances of the City of Providence An Ordinance prescribing the time when certain ordinances shall take effect and the manner of publishing the same.
Whereas the Committee appointed to revise the ordinances of the city have reported certain bills of which those hereinafter mentioned by their titles have been carefully examined and considered by this city council therefore,
It is ordained by the City Council of the City of Providence as follows :
Section 1. The several ordinances, the titles of which are herein- after mentioned are hereby declared to be the ordinances of this city, and all such parts of them as are amendments or alterations of any pre- vious ordinances shall go into operation and effect from and after the thirty first day of May next, viz :-
An Ordinance designating the officers to be appointed annually by the city council in addition to those specially designated and required to be appointed by the City Charter.
An Ordinance in relation to the north burial ground
An Ordinance in relation to the interment of the dead.
Section 2. All ordinances heretofore passed by the town or town council of the town of Providence, or by the City council of the city of Providence, which are repugnant to the provisions of the above named ordinances shall be and they are hereby declared to be repealed from and after the thirty first day of May next.
An Ordinance designating the officers to be appointed annually by the city council in addition to those specially designated and required to be appointed by the city charter.
Section I.
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Section 2. That the following officers in addition to those required as designated in the preceeding section be appointed by the City Council annually until otherwise ordained, to wit * * ; overseer of the north burial ground ; *
Passed Apr. 21st, 1845.
An Ordinance in relation to the interment of the dead.
It is ordained by the city council of the City of Providence as follows :
Section I. There shall be appointed by the City Council a suffi- cient number of persons to act as undertakers removable at the pleasure of the City Council.
Section 2. Whenever any person shall die in this city it shall be the duty of the physician attending in his or her last sickness, to leave within forty eight hours after the death, at the last residence of such deceased person, a certificate stating the disease or accident which caused his or her death, which certificate shall be delivered to the undertaker, who may conduct the funeral of such deceased.
Section 3. No undertaker or other person shall bury the body of any person dying in this city, without first enquiring for the certificate of the physician as aforesaid ; And if no such certificate can be pro- cured the undertaker or person directing the funeral shall within three days after such funeral, report the want of the certificate to the city clerk ; and the undertakers shall with their monthly returns, deliver the physicians certificate to the city clerk.
Section 4. Every physician omitting or neglecting to leave such certificate as aforesaid shall forfeit and pay the sum of five dollars for each offence, to be recovered for the use of the city by proper legal process before any court of competent jurisdiction.
Section 5. Every undertaker shall make return to the clerk of the board of health between the hours of nine o'clock A. M. and two o'clock
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P. M. of the first Wednesday of each month, of all interments made and funerals conducted by him during the previous month in form as follows to wit ;
An accurate list of all interments made by me between the first day of IS and the last day of the same month inclusive
!
NAME.
SEX.
MARRIED OR SINGLE
WIDOW OR WIDOWER
AGE COLOR
RESIDENT OR NON RESIDENT
STREET. DISEASE
DATE DEATH
REMARKS.
.
UNDERTAKER.
Section 6. All funerals shall take place between sunrise and sunset unless otherwise permitted or directed by the board of health. The top of every coffin deposited in the ground shall be at least three feet below the usual surface thereof.
Section 7. The clerk of the board of health shall prepare an abstract of all the returns made to him, and report the same to the board of health, on the Monday next succeeding the first Wednesday of each month. The board of health shall cause a monthly abstract of all such returns to be published in all the newspapers which contract to do the city printing and shall also prepare and publish in all the said news- papers in the second week in January in each year an abstract of all the returns made to them to the close of the preceding year.
Section 8. Every undertaker who shall violate any of the provisions of the preceding section of this ordinance shall forfeit and pay the sum of ten dollars for each offence, to and for the use of the city to be recovered by proper legal process, before any court of competent juris- diction.
14
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Section 9. Any person other than such an undertaker who shall manage and conduct a funeral or inter or remove from the city a dead body, shall first obtain permission in writing from the board of health or in their recess from the clerk or one of the members of said board, to do the same; and after said interment or removal is made, shall make return as is directed to be made by undertakers in the fifth section of this ordinance and for every neglect or refusal to obtain such permis- sion, or to make such return, shall forfeit and pay the sum of ten dol- lars to and for the use of the city to be recovered by proper legal pro- cess before the proper court to try the same.
Section 10. All permissions given pursuant to the provisions of the ninth section of this ordinance shall be free of charge.
Section 11. All returns made by an undertaker or other person shall be recorded by the clerk of the board of health in a book to be kept expressly for that purpose.
Section 12. No undertaker or other person shall hereafter bury or cause to be buried the body of any deceased person except in such grounds as are now known and used as burying grounds or such as shall hereafter be by the city council designated as burying grounds and authorized to be used as such ; and every person so offending shall for- feit and pay for every offence the sum of forty dollars, to and for the use of the city to be sued for and recovered in an action of debt in the name of the city treasurer before any court of competent jurisdiction.
Passed April 21 1845.
An Ordinance in relation to the North Burial Ground.
Section 1. Be it ordained by the city council of the city of Provi- dence that no person shall erect or build any vault within the limits of the city burial ground, nor enclose any part or portion thereof without leave first had and obtained from the city council.
Section 2. That any person who shall violate any provision of this
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ordinance shall forfeit and pay a sum not less than ten dollars nor more than fifty dollars, to and for the use of the city to be recovered by pro- per legal process before any court of competent jurisdiction.
Section 3. That the overseer of said burial ground shall keep the fences around the same in proper repair and the gates thereof locked ; and he shall report to the mayor every violation of this ordinance as soon as may be that the same may be prosecuted.
Passed April 21, 1845.
[Ordinance Book No. I, between pages I & 33, in office of City Clerk. ]
[May 15, 1845.] Upon the several Petitions of Avery Pettis John Hamilton James Clingan Phillis Church Thomas Phillips George S. Peckham Luther Horton Eliphalet Horton Paris Winsor Jr. Sarah A. Grey Gamaliel L. Dwight Hezekiah Sabin Jr. John Galloway Levi Day Joseph A. Capwell Elisha Emerson Stephen R. Weeden William Mansir Lyman G. Grant Daniel Russell Hugh H. Brown & Hosea Ballou Jr. requesting liberty to fence in and enclose burying lots suffi- cient for their respective families in the North Burial Ground it is resolved that the prayers thereof be severally granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall continue during the pleasure of the City Council and no longer.
Passed May 15 1845.
[City Council Records No. 2, page 217.]
[August 11, 1845.] The Committee appointed by the City Council on the 12th of August 1844 upon the petition of Zachariah Allen and 256 other Citizens of Providence to devise and report some
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plan for improving the North Burial Ground belonging to this City and for ensuring the preservation of the Monuments erected thereon.
Make Report giving a detailed history of the proceedings of the Town in regard to said Ground from the tenth day of June A. D. 1700 (on which day a Town Meeting was held and proceedings were had which vested in the Town the Title to the land and appropriated the same to the use of a Common burying ground) up to April 21 1831 and also the proceedings of the City since its incorporation up to the date of the Report.
Read Whereupon it is resolved that the same be received.
Passed August II 1845. [City Council Records No. 2, page 245.]
[August 11, 1845.] Resolutions Reported by the Committee on the Petition of Zachariah Allen and others relative to the North Burial Ground.
I. Resolved that Messrs Patten, Stimson, Peck and Alderman Knowles be and they are hereby appointed a Committee to lay out in and around the North Burying Ground proper lanes and avenues for passing in and through the same not to be filled up, or encroached upon, marking the same as far as can be, by permanent monuments
2d Resolved That the same Committee lay out said Burying Ground into suitable lots, and ranges of lots for burying the dead that after setting off a sufficient quantity of land for free use, they appraise the lots and all grants of lots not now taken up and enclosed, or here- after taken up, shall be from the appraised lots and at the valuation set thereupon-upon the payment of which to the City Treasurer and the production to him of the certificate of the Superintendent or overseer of the Burying Ground, that he is entitled thereto the party entitled thereto shall receive a fee simple Deed executed by the City Treasurer condi- tioned to use said lot only for purposes of a Burying Lot under such gen-
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eral regulations as shall from time to time be adopted not affecting the title thereto.
That said Committee also appraise the lots already enclosed, taken up or appropriated, whether under grants of the City Council or not ; and upon the payment of the valuation put thereon and the production of a Certificate as aforesaid the holders shall receive a fee simple deed as aforesaid.
3d Resolved That the same committee cause a suitable fence to be erected around the North Burying Ground and that the City Treasurer pay the expense thereof upon the order of the Committee, out of any money in the Treasury not otherwise appropriated not exceeding the sum of Twenty five Hundred Dollars That said Committee be em- powered by agreement and contract with the owners of land adjoining the North Burying Ground, to fix and establish the bounds of said Burying Ground and to make such exchanges of land in regard to the same as said Committee shall deem expedient and advantageous for the Burying Ground and that they cause the bounds to be marked by dur- able monuments and evidences.
4th Resolved That the same Committee prepare and report to the City Council a draft of regulations for the North Burying Ground pro- per to be adopted and passed into an Ordinance of the City.
5th Resolved that the Committee on City Property cause the strip of land on the Easterly side of Sexton Street authorized to be sold by vote of the General Assembly in October 1795 to be graded and divided into suitable house lots and to be sold at public auction or otherwise in their discretion.
6th Resolved that the City Treasurer keep a special account of Receipts and expenditures on account of the North Burying Ground Crediting also to said account all monies received on account of Sales of land Easterly of Sexton Street.
7th Resolved that the City Clerk keep a Special Record Book of
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Deeds of North Burying Ground lots, the fees for recording to be paid by the Grantees.
Passed August 11, 1845. [City Council Records No. 2, page 2.46.]
[October 11, 1845.] City of Providence to John Carter Brown- $500-Warranty. A certain parcel of land lying near the North Bury- ing Ground in said City of Providence and bounded northwardly by the dividing line between said City & the Town of North Providence, east- wardly by the Pawtucket Turnpike Road and North Main Street, south- wardly by land belonging to John & Richard Gannon, and westwardly by a continuation of Sexton street as laid down on a plat of said land & street made by S. B. Cushing on the 9th of September 1845 and recorded in the City Clerks office. Provided however that the grantee shall at all times keep open for the purpose of a public highway a strip of land fifty feet in width laid down on said plat as a Street from said North Main Street to Sexton Street (continued) opposite to the junc- tion of Harrington Lane with said North Main Street. [Deed Book No. 99, page 73.]
[October 13, 1845.] Report. To the Hon. City Council The Standing Committee of City Property who were by a Resolution passed by the City Council on the 11th of August last directed to cause the strip of land on the Easterly side of Sexton Street to be sold hereby make Report that they have sold the same to John Carter Brown of Providence at private sale for two thousand five hundred dollars for Cash on the delivery of the deed.
N. F. Potter for the Committee.
October 13 1845.
Read whereupon it is Resolved that the same be received.
Passed October 13, 1845. [City Council Records No. 2, page 258.]
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[November 10, 1845.] An Ordinance in addition to "An Ordi- nance in relation to the North Burying Ground "
Section 1. Be it ordained by the City Council of the City of Provi- dence That no grave shall be dug nor any body be buried in or upon any Avenue, path or passage way in the North Burying Ground and any body so buried shall be removed by the Superintendent or by the Committee of said Burying Ground at the expense of the person or persons burying or procuring the same to be buried.
Section 2. That no grave shall be dug nor any body be buried within the North Burying Ground excepting in and upon Lots of Pro- prietors unless the place of such grave or burial be located under the direction of said Superintendent or of said Committee.
Section 3. That every person who shall violate any provision of this Ordinance, shall forfeit and pay a sum not less than ten dollars nor more than fifty dollars to and for the use of the City to be recovered by proper legal process before any Court of Competent jurisdiction.
Section 4. That the Superintendent of said North Burying Ground shall act in Conformity with the directions of the Committee of said Burying Ground in all matters under this Ordinance until general regu- lations for said Burying Ground shall be adopted by the City Council.
Section 5. The said Superintendent shall be authorized to require and receive twenty five cents for each certificate which he shall give in conformity with any Ordinance or Regulation concerning said Burying Ground.
Passed November 10, 1845.
ACity Council Records No. 2, page 262.]
[December 8, 1845.] To the Hon. the City Council of the City of Providence.
The Committee appointed by the City Council under the Resolu- tions of August 11, 1845 to perform certain duties in relation to the
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North Burying Ground being still engaged in the performance of those duties have yet made such progress therein as they now Respectfully Report.
As authorized by the Ist of said Resolutions They have laid out in the North Burying Ground lanes and avenues for the Convenient use of the Ground some of which should be graded levelled and prepared for use at an early period in the spring others may remain without injury to the Burying Ground until a sufficient number of the lots shall be taken up to make it expedient to continue the improvements. Those within the present enclosure (which includes only the part in present and constant use) will be completed without unnecessary delay. As directed by the 2d of said Resolutions they have laid out (thus far how- ever only in the present enclosed and used part) in said Burying Ground and numbercd suitable lots and ranges of lots for burying the Dead. They have set off a sufficient quantity of land for free use all which is plainly exhibited upon a plat and also by stakes in the Ground.
They have also placed a valuation upon the lots which are of various dimensions and shape in consequence of the inequalities in the surface of the ground ; the general size of the lots is 16 feet by 20 or 320 square feet. The Council will remember that the declared object of the valua- tion upon the lots was not to raise a revenue for general purposes but only to secure from the Ground itself sufficient means to defray the expense of maintaining it in proper condition the whole receipts there- from to be applied for that purpose and a separate account thereof to be kept by the City Treasurer
Having this object in view the Committee placed but a light valua- tion upon the lots dividing them into only two classes ; upon one of which they assessed three and one half cents the square foot making the cost of such a lot between eleven and twelve dollars, upon the other class two cents the square foot making the cost of such a lot between six and seven dollars When it is considered that this price of a lot is to be
1
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applied to the protection and improvement of the Burying Ground and that the purchaser instead of receiving the conditional grant only "dur- ing the pleasure of the City Council and no longer " which is the only tenure by which lots are now held will upon such payment receive an absolute decd subject to no disturbance in his possession, the Com- munity can not but approve a plan which addresses itself so palpably to their interests and sentiment. Certainly no objection to it need be apprehended from any one worthy of respectable burial.
All that part of the present enclosure between the Central Avenue and Sexton Street including all the Tombs, and all lots now regularly located therein and designated by enclosure or bounds whether located by ancient usage or by City ordinance together with a portion of lots laid off West and South of said Central Avenue in the Southerly part of the enclosure and south of a cross avenue marked on the plat is con- tained in the tract where the lots are valued at the lowest rate of valua- tion, Not because those locations are less esteemed but because the immethodical manner in which it has been used and its crowded state leave but little opportunity for Selection or satisfactory arrangement.
The tract North of said Cross Avenue and West of Central Avenue received the higher valuation because less used and more open for selec- tion and improvement ; some lots on this tract may require a deduction
The Committee anticipate however that as lots are taken up and improved the value will be enhanced both of those appropriated and of those remaining and as improvements suggest improvements and make them almost indispensable, that the means for any desired improvement may readily be raised from the premises and as the location and nature of the ground favor it it will in a few years become a cemetery credit- able to the City
As directed by the 3d of said Resolutions the Committee for fenc- ing the Burying Ground have contracted for Stone Posts and have accepted a proposal to furnish Chestnut stuff for the wood work and 15
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are confering with the adjoining owners as to the lines about which they have as yet seen no cause to apprehend any insurmountable dif- ficulty
The Committee do not propose to present a Draft of Regulations as directed in the 4th Resolution, until further progress has been made in introducing order and system in the use of the Ground ; to enable them to effect this they must as they have heretofore done apply to the Council to aid them with occasional enactments of which those found necessary will eventually be embodied in the permanent regulations while others of a temporary nature will be discontinued
They herewith present a Draft of an Ordinance in alteration of and in addition to the "Ordinance in relation to the North Burial Ground" and request it may be passed.
The object of the Ordinance which the Committee propose is- First to transfer the subject of granting rights to use and enclose lots from the City Council to the Committee on the Burying Ground.
Second to prevent buying up lots to sell out again upon speculation.
Third to prevent abuses within and around the ground. All which is Respectfully submitted.
Wm. S. Patten.
December 8th, 1845, for the Committee.
An Ordinance in Alteration of and in addition to "An Ordinance in relation to the North Burial Ground "
Section 1. Be it ordained by the City Council of the City of Provi- dence that no person shall erect or build any Vault or Tomb within the limits of the North Burying Ground nor enclose any portion thereof without leave first had and obtained from the Committee on said Bury- ing Ground appointed by the City Council, which leave shall be first certified by said Committee to the Overseer or Superintendent of said Ground.
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Section 2. That no person shall take up hold or own any lot in said Burying Ground except for the purpose of using the same in good faith for a burying lot and not to sell the same for the purpose of specu- lation or profit ; nor shall any transfer thereof be made without leave first had and obtained from the City Council.
Section 3. That no person shall remove any stake, post, bound or fence placed around, within or upon said Ground under the direction or permission of said Committee or of the Overseer or Superintendent nor mutilate deface or injure the same or any monument, tree, shrub or other thing intended for protection improvement or ornament placed therein nor commit any trespass or injury within or upon said ground or any part thereof.
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