The early records of the town of Providence, Vol. XVIII, 1600s, Part 12

Author: Providence. Record commissioners. [from old catalog]; Rogers, Horatio, 1836-1904, [from old catalog] ed; Carpenter, George Moulton, 1844-1896, [from old catalog] ed; Field, Edward, 1858- [from old catalog] ed; Clarke, William E., d 1912, [from old catalog] ed; Hayden, Daniel F., 1856-1909, [from old catalog] ed; Brennen, William G., d 1909, [from old catalog] ed; Pelkey, William C., [from old catalog] ed
Publication date: 1892
Publisher: Providence, Snow & Farnham, city printers
Number of Pages: 514


USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 12


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From thence we run N 31°-55' E on a line ranging to the stump of an ancient Oak tree at the Original North west Corner of the North Burial Ground to a monument by us erected on the Southerly side of the Douglas Branch Road this line is indicated on the ground by a Granite Monument on the East side of Charles Street and on the southerly side of the West River Road near the junction of Walling Street also by rough granite bound stones on each of the other Streets crossed by said line from thence we run N 34° 25' W. with the South- erly line of said Branch Road about four Rods to the range of the west line of the Smithfield Turnpike to another rough granite Stone bound From thence we run along the West line of the Smithfield Pike N 81° E to a point in range with the new north line of the North burial ground where we erected another granite monument from thence we run S 681° E on the line aforesaid of the North Burial Ground to the


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East line of the Old Pawtucket and Providence Turnpike to another granite Monument ; from thence we run S 34°-25 W on the East line of said Pike to the intersection of the North line of Harringtons lane to a rough Granite Stone bound ; from thence Easterly with the North line of said lane and Easterly & northerly with the North and Westerly lines of the Old neck Road to a point in range with the dividing line between the Butler Hospital Estate and Swan Point Cemetery where we Erected another granite Monument from thence South about 693º East with the dividing line between the Butler Hospital Land & said Cemetery to another granite monument on the shore of the Pawtucket River and from thence on the same range to the line of the State of Massachusetts.


The Granite Monuments herein mentioned are about 73 feet long placed 33 feet in the ground the remaining 4 feet being Cut or dressed to a smooth face on all four sides with the letters P and N. P. for Providence & North Providence cut on cach, the rough granite stone bounds are about 33 feet long & 8 inches square placed about 3 feet in the ground


All of which is most respectfully submitted


Lemuel Angell Stephen Atwater Surveyors


Providence December 13 1847


REPORT.


The Committee appointed to run the line between this City and North Providence respectfully report


That they have caused the line to be Carefully surveyed and bounds placed in conformity to what seemed most convenient for the Citizens


The Chief Alterations are varying the line in the vicinity of the North Burying Ground and of the Butler Hospital Farm so as to include both of those tracts of ground and is part of Harringtons Lane in this City.


17


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Herewith the Committee present report of the Surveyors with a plat of the line from Four Stack Meadow to Seekonk river.


The Committee recommend that the City Council join the Town of North Providence in petitioning the General Assembly for the passage of an act establishing the line as now run.


Which is Respectfully submitted,


In behalf of the Committee.


Thomas M. Burgess.


Providence Dec. 13 1847.


Read whereupon it is resolved that the same be received and adopted.


Passed December 13, 1847.


Resolved that the Mayor be and he is hereby appointed a Com- mittee to unite with such Committee as may be appointed by the Town of North Providence ; in a petition to the Ilon! General Assembly for the passage of an act to establish the line between said Town and the City of Providence according to the report and plat this day made and submitted to the City Council.


Passed Dec! 13 1847.


[City Council Records No. 2, pages 406-7.]


[January 10, 1848.] Resolved That the Mayor who was on the 1 3th of December last appointed a Committee to unite with the Com- mittee of the Town of North Providence in a petition to the General Assembly for the passage of an Act to establish the line between said Town and the City of Providence according to the Report and Plat then submitted to the City Council be and he is hereby authorized to agree in behalf of the City that said line be so established, that the land comprising the Swan Point Cemetery and the road in front of the same be included in the City.


Passed January 10, 1848.


[City Council Records No. 2, page 410.]


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[January Session, 1848.] An Act in Amendment of An Act entitled "An Act Dividing the town of Providence and Incorporating the Northermost Part thereof into a Township to be called North Providence "


It is enacted by the General Assembly as follows :


Section 1. That part of the dividing line between the City of Providence and the town of North Providence between Woonasquatucket and Pawtucket rivers shall hereafter run as follows viz : Beginning at the middle of Wonasquatucket river thence north thirty two degrees three minutes east to a marked stone placed at high water mark ; thence on the same course to a marked stone on the southerly side of the high- way that was formerly the Douglas turnpike ; thence north thirty one degrees fifty five minutes east to a marked stone standing on the south- erly side of the Branch road ; thence north thirty four degrees twenty five minutes west four and a half rods to a stone placed in the line of said road and in range of the west line of the Smithfield turnpike ; thence north eight and a half degrees east crossing said Branch road and following the west line of said Smithfield turnpike until it intersects a continuation of the north line of the burying ground at which point is placed a marked stone, thence south sixty eight and a half degrees east across said turnpike and with the north line of the burying ground to the easterly side of the Providence and Pawtucket turnpike to a marked stone thence south thirty four degrees twenty five minutes west with the easterly line of said turnpike to the north line of Harrington's lane thence easterly with the northerly line of Harrington's lane and the west- erly line of the old Neck road to the range of the north line of Swan Point Cemetery thence with the north line of said Cemetery to the Pawtucket river at high water mark thence due east to the line between this State and Massachusetts.


Sec. 2. The residence or home of all persons inhabiting any dwell ing house that now is or hereafter may be built upon or across said line-


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shall be in the town in which the greater part of such dwelling house shall be situated as effectually as though the whole of such house stood in such town ; but the real estate shall be taxed in the town in which it is situated Provided that if the residence of any voter be changed by the operations of this act he shall not thereby lose his right to vote but may vote in the town in which his residence shall be after the passage of this act.


Sec. 3. Nothing in this act shall be construed to affect the rights of the inhabitants of North Providence to the ancient burying ground. [Acts of General Assembly, January Session, 1848, page 9.]


[January Session, 1848.] Report. The Committee appointed at the October Session of this Assembly A. D. 1847, to ascertain the lines of the Providence and Pawtucket turnpike road, and to mark out the same by proper bounds and monuments, respectfully report ; That they have attended to the matter Confided to them, and after a careful examination of all acts and proceedings in relation to this road since its establishment, June, 1807, they find that the lines marked in the accom- panying plat, delineated under their direction by Messrs. Atwater & Schubarth, surveyors, to be the true and lawful lines of said road, and that they ought to be marked and defined as such by the monuments and bounds which the Committee are authorized to erect. Immediately after the appointment of the Committee the agent of the road, at their request, Caused a careful survey to be made by a competent surveyor, of the same as originally laid out, with the direction to minute out his plat all encroachments on the line of said road by individuals or Cor- porations, and the number of feet and inches in each case and the nature of the encroachment Mr Atwater has performed this duty, as the Com- mittee from personal inspection can state, with great fidelity and accu- racy, which enables us to place on record such a full delineation of the lines of the road, as well as of the encroachments made on it, as will


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probably preclude hereafter any controversy upon that subject. The Committee passed over the whole extent of the road and verified for themselves the correctness of the surveyor's delineations, and then caused to be noted on the plat the angles at which, in their opinion, the monuments and bounds should be erected. They have directed the agent to cause the monuments to be procured and erected at the points indicated, unless the General Assembly in the mean time on an inspec- tion of the plat, be of opinion that their number or position can be changed to advantage. The number of monuments required to be erected from Pawtucket, bridge to the Providence line is twenty.


With respect to the encroachments on the line of the road reported by the surveyor, the Committee have advised the agent to cause the cellar steps of Joseph W. Miller and of Enoch Adams, marked on the plat, to be removed from the road on due notice given, on or before the first day of June, 1848 ; and that he give notice to other persons and cor- porations which have encroached thereon of the fact and extent of their encroachments, and that he require them to discontinue the same as soon as may be practicable to remove the buildings or fences designated. The Committee have directed the agent to cause a copy of the survey herewith communicated, to be recorded in the town Clerk's office of the town of North Providence, and recommend that the original survey be deposited in the office of the Secretary of State.


All which is respectfully submitted.


Christ'r E. Robbins Caleb Congdon Committee W. H. S. Bayley [Acts of General Assembly, January Session, IS4S, page 62.]


[February 14, 1848.] To the City Council :


The Committee on the North Burying Ground Respectfully Report-


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That in closing the account of the work done under the direction the last and present year in fencing & in constructing Avenues and paths and grading portions of the ground they find the appropriations made for those purposes are insufficient to Settle the bills against the work by about Six hundred dollars.


They herewith present a Statement of the account and request an appropriation of Six hundred dollars to settle the same Intending here- after to report more fully as to the condition of the Ground & of such matters relating thereto as may be of interest or importance.


Wm J. Patten for the Committee.


Providence Feb. 14, 1848.


Read whereupon it is resolved that the same be received.


Passed Feb. 14, 1848.


Statement of the Committee referred to in the foregoing Report-


Disbursements for Stone Posts say $708 -


" Chestnut Stuff 756.46


" other Materials and Miscel- laneous bills 227.18


Carpenters Work & Con- struction 547.12


Apportionment for grading


for fence


705.43


2944.19


Amt paid for work on Avenues paths grading in- ) cluding for tool House & office $50. and for tools cart & other property on hand $95. actual & estimated Cost of removal & repairs of buildings to front lot $200 .-


2589.41


Amo Disbursements


5533.60


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Appropriations by the City.


1845 October For building the fence $2500


1847 Oct. " Avenues Grading & im- provements to date 2000 4500.00


Balance due from the Ground


1033.60


To pay this balance there are bills due Ground 368.30


On hand of above appropriation


74.53


442.83


Bal. of Debt for which an appropriation is requested 590.77


Statement of receipts and expenditures by the City on account of the North Burying Ground.


Appropriation for fence $2500


" Grading 2000


Do for the Whelden purchase Aug 9/47 6000


Do for the purchase of additional lots Sept 1 3/47 I 200


7200


1210


Expended 5990


Whole Expenditure 10490


Receipts


Received of J. Carter Brown Esq.


2500


Do for sale of burying Lots


3907.07


Amt expended over & above the receipts


6582.93


Add to this the amt now asked for by the Coms


600.00


Present indebtedness of the North Burial Ground 7182.93


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Statements of the Receipts & Expenditures of the Committee for Fencing, Grading and other work to the present time


Expended


5533.60


Receid from the City Treasurer


4500.00


Expended more than received


1033.60


Deduct various assets now in hands of Com-


mittee estimated 442.33


Due to the Committee 590.77


The foregoing Statement I believe differs in form only from the one submitted by the Chairman of the Committee and I cheerfully join the majority in asking for the appropriation ; which is needed to relieve the committee from its present embarrassment.


But in as much as a portion of these Expenditures namely about two hundred Dollars for materials and work done on the Whelden pur- chase, and the annexation of that whole property to the North Burying Ground having never had the unanimous approval of the Committee and are in my opinion a departure from the original policy or plan marked out and intended to be pursued by the City Council at the commence- ment of the undertaking I feel bound to say that when the Council makes the appropriation now asked for it ought in my opinion to adopt some method by which the City may be reimbursed for some portion at least of the expenditures already made.


Respectfully submitted by John J. Stimson.


Providence Feby 14 1848.


Read Whereupon it is resolved that the same be received.


Passed February 14, 1848. [City Council Records No. 2, pages 416-17.]


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[March 13, 1848.] An Ordinance in relation to the North Bury- ing Ground


Whereas the City Council of the City of Providence by an Ordi- nance passed on the thirteenth day of September A. I). 1847 did annex to the North Burying Ground a tract of Land then recently purchased of Samuel Whelden consisting of about Six acres fronting the Smith- field Turnpike on the West & adjoining the North Burying Ground on the East & did declare the same to be part & parcel of the said North Burying Ground Estate and as it is believed that said Land will not be needed for the purpose of burying the dead for many years.


Be it Ordained by the City Council of the City of Providence


Section I. That the City Treasurer lease the Three dwelling Houses & Barn on that part of the tract of land purchased of Samuel Whelden adjoining the Smithfield Turnpike which was added to the North Burying Ground by the Ordinance of September thirteenth A. D. 1847-and that he also lease with no building to be erected thereon that part of said Whelden tract added to the North Burying Ground by said Ordinance and on which said houses and barn now stand & now con- sisting of a Strip of land about 240 feet in width (measuring Easterly from said Smithfield Turnpike on which it fronts westerly) and running the whole length of the Whelden Tract and that he credit to the gen- eral account of the City all monics received on account of said Leases.


Section 2. The Committee on the North Burying Ground are hereby authorized and directed to cause the tract herein ordered to be leased to be suitably fenced off from the North Burying Ground and to Continue the fence if necessary in a Southerly line across the South westerly part of the North Burying Ground Estate to the Douglas Turnpike


Section 3. The rest of said North Burying Ground Estate shall be under the care and direction of the Committee on the North Burying Ground and of the Superintendant or Overseer of the North Burying


18


0


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Ground who shall give his personal attendance care & services to the protection improvement & proper use of the grounds and to maintain- ing and enforceing all ordinances and regulations applicable thereto under the direction of said Committee.


Section 4. It shall be the duty of the Superintendant to keep a Record in a Book to be appropriated to that special purpose of all burials which are made in the North Burying Ground including those made in Proprieters lots stating the name, residence, occupation, age, the date and as near as may be the place of interment of each person buried, with any other circumstances which the Committee on the North Bury- ing Ground shall direct.


Section 5. It shall be the duty of the Superintendant to cause to be dug by his authorized agents all the graves dug within the North Burying Ground including those dug in and upon Proprieters lots- excepting those dug for the burial of the Poor from the Dexter Asylum which shall be dug as heretofore at the Expense and by the agents of the Asylum in that part of the ground appropriated for that purpose.


Section 6. The Superintendant shall receive as Compensation for the performance of his duties the fees for digging all graves dug in the North Burying Ground, receiving the sum usually charged for such ser- vice He shall also receive the sum of One Dollar each for assisting in selecting and marking out and granting a Certificate for a deed of a lot in the Burying Ground : these fees to be paid by the parties for whom the service is rendered.


Section 7. It shall be the duty of the Superintendant to keep an exact account of the money received by him for digging graves and for Certificates of lots : to be reported by him to the City Council annually previous to a new election and whenever directed.


Section 8. All moneys received by the City Treasurer for the Sales of Burying lots in the North Burying Ground are hereby appro- priated to the improvement and protection of the Ground, Avenues and


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fences thereof and he is hereby directed (after deducting from the amount heretofore received and hereafter to be received therefor the sum of Twenty six hundred Dollars which has been appropriated for making Lanes & Avenues and for grading said ground) to pay out any balance accruing from time to time for such sales upon the order of the Committee on said Ground or upon the order of the Superintendant Certified by said Committee.


Section 9. Every person who shall dig or commence or attempt to dig any grave in the North Burying Ground except by authority of the Superintendant shall forfeit and pay the sum of Five Dollars for each Offence One half thereof to and for the use of the Superintendant or Overseer of the North Burying Ground and one half to and for the use of the City to be recovered by proper legal process before any Court of competent jurisdiction


Section 10. So much of any existing Ordinance as is inconsistent with this Ordinance or with any of the provisions of this Ordinance is hereby repealed.


Passed March 13, 1848.


[City Council Records No. 2, pages 425-6-7.]


[April 10, 1848.] Ordinance in relation to the North Burying Ground.


Section 1. Be it ordained by the City Council of the City of Providence.


That the Superintendant of the North Burying Ground be and he is hereby directed to allow all bodies which were deposited in tombs before the first day of April inst. for burial in said Ground to be buried therein and the graves therefor to be dug as the same might have been before the passage of the Ordinance passed March 13th ult. provided said bodies be buried on or before the first day of May next.


Passed April 10, 1848.


[City Council Records No. 2, page 432.]


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[May 8, 1848.] Resolved that the Committee on the North Bury- ing Ground be authorized to cause repairs and improvements on the Whelden House and Barn not exceeding the sum of One Hundred and fifty Dollars to pay for the same out of the appropriation for the pur- chase of the Whelden Estate.


Passed May 8 1848.


[City Council Records No. 2, page 440.]


[July 3, 1848.] Upon the petition of sundry persons Ordered & Decreed that a Highway is adjudged necessary to connect the Old Providence Road with the Power Road Westerly of the Pawtucket Old Turnpike at a place where a Way or Road long used has lately been fenced across by-Randall It is further ordered & Decreed that Amos Ide, Samuel Sisson & Edmund Cole be appointed a Committee to sur- vey bound & mark out said Highway, agree with the owners for dam- ages if any they claim & report their doings together with an exact plan or map of the Road by them laid out in order that the same may be opened, reopened declared or established as a Public Highway-And Lemuel Angell Esq! is appointed the Justice & C. A. Leonard the Con- stable to accompany said Committee in the discharge of said duties. Voted & Resolved-That all unfinished business be Continued to the first Monday of August next & that this Council & Court adjoin then to meet at the Clerk's Office at 9 o'clock A. M.


Attest J. H. Weeden T. Clerk.


[North Providence Toron Council Records, No. 7, page 12.]


[July 17, 1848.] Resolved That Messrs Earle, P. M. Mathewson & Baker of the Common Council and Alderman Knowles be and they are hereby appointed a Committee upon the North Burial Ground with


[ 14] ]


full power under and to continue and carry into effect the provisions of any Ordinance or Resolution existing in relation to said Burial Ground Passed July 17, 1848.


[City Council Records No. 2, page 467.]


[August 7, 1848.] Report.


Providence S. C.


To the honorable the town Council of North Providence in the County of Providence to be holden on the 7th day of August A. D. 1848 Pursuant to the aforegoing warrant we the subscribers on the tenth day of July 1848 being accompanied by the within named Lemuel Angell and Charles A. Leonard proceeded to where the old highway long used had been fenced across by Mr Randall and from thence sur_ veyed bounded and marked out a highway from the most southerly corner of the Brown and Ives Dexter farm (so called) to the Power Road (so called)


Beginning at the said southeasterly corner of said Brown & Ives farm at a stone set into the ground on the west side of said road and where their was the remains of an old stump a Noted bound of the Old road, and from thence running south 30 1/3º West twenty seven rods and five links to a stone set into the ground on the southwardly side of said Power road five rods and twenty links from the west line of the old Providence and Pawtucket Turnpike road and said road is to take its width three rods wide to the eastward of said run out line. And your committee are of the opinion and believe that they have laid out said road over and on the same ground where an ancient highway has been traveled from time immortal until sience the make of the said Provi- dence and Pawtucket pike road Therefore in their oponions no one has sustained any damage thereby.


But your Committee feel bound to report that Messrs William & Edward Randall have now a fence acrossing said road in two places thereby enclosing the same.


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And the annexed is an exact draft or plan of said highway as surveyed, bounded and marked out by us.


Given under our hands and seals this 7th day of August A. D. 1848.


Amos Ide L. S.


Samuel Sisson L. S.


Edmund Cole L. S.


[North Providence Records Box JI, City Clerk's Office, Pawtucket.]


Upon the Report of Amos Ide & others a Committee appointed to relay a highway from the Old Providence Road to the Power Road at a place lately fenced across Westerly of the Old Providence & Pawtucket Turnpike near Edward Randalls. Ordered that the consideration thereof be referred to a Town Council next to be holden at the Town Clerks Office on the first Monday of September next at 10 O'clock A. M. and that William Randall & Edwin Randall being the only pro- prietors of the adjoining lands be notified according to Law. [North Providence Town Council Records No. 7, page 18.]


[September 4, 1848.] Upon the Report of Amos Ide & others heretofore appointed a Committee to lay out a highway adjudged neces- sary to connect the Old Providence Road with the Power Road West- erly of the Pawtucket Old Turnpike where a Way or Road long used has lately been fenced across. The parties having been duly notified & no person appearing to claim damages or to object to the establishment of said Report It is ordered & decreed that said Report be received & recorded & said Highway as laid out established & that a Warrant to the Town Sergeant or Constable to lay the same open & remove all obstructions therefrom be issued returnable forthwith. Said Council do further adjudge that no person has sustained any damage by reason of the laying out of said Highway.


[North Providence Town Council Records No. 7, page 33.]


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[January Session, 1849.] Resolved, That Messrs Hidden, Hut- chins and Weeden, be a Committee to define and fix the southerly ter- mination of the state turnpike Connecting Providence and Pawtucket. [Acts of General Assembly, January Session, 1849, page 16.]


[June 11, 1849.] Resolved That Messrs Earle Davis & Martin of the Common Council and Alderman Knowles be and they are hereby appointed a Committee upon the North Burial Ground : with full power under and to continue and carry into effect the provisions of any Ordi- nance or Resolution existing in relation to said Burial Ground.


Passed June 11, 1849.




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