USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 13
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[City Council Records No. 3, page 30.]
[October 8, 1849.] Resolved that the City Treasurer be and he is hereby directed to pay to Messrs Atwater Schubarth and Haynes the sum of Seventy Eight dollars and Seventy five cents being the amount of their account against the City for Surveying and platting the North Burying Ground.
Passed October 8, 1849.
[City Council Records No. 3, page 46.]
[December 10, 1849.] Resolved That the sum of Four Hundred and fifty Dollars be and the same is hereby appropriated out of any monies in the Treasury not otherwise appropriated for the purpose of paying certain bills contracted for repairs in 1847 & 8 on Houses situ- ated on the North Burying Ground Lot purchased of Samuel Whelden and for the payment of the bill of the Superintendent of the North Burial Ground for labour.
Passed Dec. 10, 1849.
[City Council Records No. 3, page 53.]
[January 14, 1850.] Resolved That the sum of fifty dollars be and the same is hereby allowed to Philip W. Martin the Superintendent
[ 144 ]
of the North Burial Ground for services rendered by him during the year ending on the first Monday in June in addition to the amount already received by him for services during said year and that the same be charged by the City Treasurer to the account of the North Burying Ground
Passed January 14, 1850. [City Council Records No. 3, page 56.]
[January 14, 1850.] The Committee on the North Burying Ground. recommend that a further sum of fifty Dollars be allowed the Superintendent for services rendered and that the same be placed to the account of North Burial Ground.
Wm. Earle.
for the Committee.
Agreeably to the foregoing Report the Council allowed P. W. Martin the sum recommended.
[City Council Records No. 3, page 56.]
Resolved that the within Report of the Superintendent of the North Burial Ground be received.
Passed January 14, 1850.
[City Council Records No. 3, page 57.]
[February 11, 1850.] Resolved That the sum of One thousand Dollars be and the same is hereby appropriated out of any monies in the Treasury not otherwise appropriated ; for the improvement of the North Burial Ground and that the same be charged to the account of the North Burial Ground by the City Treasurer and paid out upon the order of the Committee on the North Burial Ground.
Passed February 11, 1850.
[City Council Records No. 3, page 57.]
[ 145 ]
[June 3, 1850.] An Ordinance in addition to an Ordinance en- titled "An Ordinance in relation to the interment of the dead "
It is Ordained by the City Council of the City of Providence as follows viz :
Section 1. The Undertakers of the City are required hereafter to use the forms of returns prescribed by the laws of the State.
Section 2. All the provisions of the Ordinances to which this is in addition excepting such as relate to returns are continued in full force and effect.
Passed June 3, 1850.
[City Council Records No. 3, page SI.]
[June 3, 1850.] Resolved That Messrs Earle Davis & Potter and Alderman Knowles be and they are hereby appointed a Committee upon the North Burial Ground with full powers under and to continue and carry into effect the provisions of any Ordinance or Resolution existing in relation to said Burial Ground.
Passed June 3d 1850.
[City Council Records No. 3, page 82.]
REPORT.
To the Honl City Council.
The Superintendent of the North Burying Ground respectfully reports that from the first monday of June 1849 to the first monday of June 1850 he has caused to be dug in the Ground 393 Graves (45 of which were for reinterments from Avenues and yards) amounting to $605.50 of said amount $567.50 has been received 38 Dollars remain- ing unpaid a part of which will be lost.
The Superintendent further reports that he has issued within the above named period Certificates for 71 Lots amounting to 71 Dollars,
19
[ [46]
of said amt. 59 Dollars has been received leaving 12 Dollars for Certifi- cates unpaid the Deeds now remaining in the Treasurer's Office Amt received for Certificates.
59.00
$626.50
Providence June 3d., 1850.
Respectfully submitted by Philip W. Martin Supt N. B. Ground.
The Superintendent respectfully suggests the propriety of making it the duty of some one to collect the amount now due for deeds re- maining in the Treasurers Office for the past two years
Read Whereupon it is resolved that the same be received and recorded.
Passed June 3, 1850.
[City Council Records No. 3, page 89.]
[June 2, 1851.] Resolved That Messrs Earle Blodget & Lester and Alderman Knowles be and they are hereby appointed a Committee upon the North Burial Ground with full power under and to carry into effect the provisions of any ordinance or resolution existing in relation to said Burial Ground.
Passed June 2, 1851.
[City Council Records No. 3, page 157.]
[June 2, 1851.] Report.
To the Hon. City Council
The Superintendent of the North Burying Ground respectfully reports that from the Ist Monday in June 1850 to the first Monday in June 1851 he has caused to be dug 283 Graves (37 of which were for reinterments from yard and Avenues) amounting to $445.50 of said amount 396 Dolls & 50 cts has been received leaving 49.00 uncollected
[ 147 ]
The Superintendent further reports that he has issued within the above named period certificates for 44 Lots amounting to $44 .-
Io of which now remain in the Treasurers office uncollected
Amount received for digging graves
396.50
Do " Certificates
34 .- $430.50
Amount due for digging Graves 49.00
Do " Certificates
IO .- 59.00
$489.50
Amt due & Collected for the year.
Respectfully Submitted,
Philip W. Martin, Supt. of N. B. Ground.
Providence June 2, 1851.
Read Whereupon it is resolved that the same be received & recorded.
Passed June 2, 1851. [City Council Records No. 3, page 159.]
[July 21, 1851.] Resolved That the Surveyor of Highways be and he is hereby authorized to aid the Superintendent of the North Burial Ground in procuring manure for the use of said Burial Ground from the Streets and other places of deposit wherever there may be a Surplus not required for other public purposes.
Passed July 21, 1851.
[City Council Records No. 3, page 173.]
[October 13, 1851.] Resolved That the subject of the recent encroachments on the North Burying Ground be referred to the Joint Committee on the North Burying Ground and that the Superintendent of said ground be and he is hereby directed to remove all fences and obstructions which said Committee decide to be recent encroachments
Passed October 13, 1851
[City Council Records No. 3, page 179.]
[ 148 ]
[November 10, 1851.] Resolved That the City Treasurer be and with the advice of the Committee on the North Burying Ground, Is hereby authorized to Quitclaim all the right title or interest the City has to any Lands on the East side of Sexton Street (so called) And the proceeds thereof be and is hereby appropriated to the said Ground. Passed Nov! 10, 1851. [City Council Records No. 3, page 183.]
[January Session, 1852.] Extracts from the Acts of the General Assembly and General Laws of Rhode Island.
An Act enabling Town Councils to act as Trustees for the purpose of holding Burial Lots.
It is enacted by the General Assembly as follows :
Section I. The town council of the several towns are hereby au- thorized to take and hold to them and their successors in office, all such land as shall be conveyed to them in trust for burial purposes and in like manner to receive and hold all funds that shall be conveyed to them for the purpose of ornamenting or keeping in repair such burial lots, and to execute said trusts in accordance with the terms contained in the instruments of conveyance. [Acts of General Assembly, January Session, 1852, page 9; See Acts of April 21, 1882 and March 28, 1884; also extract from General Laws Ed. 1896, in effect February I.]
[June 7, 1852.] Resolved that Messrs Blodget Mason & Holden and Ald! Knowles be and they are hereby appointed a Committee upon the North Burial Ground with full power under and to carry into effect the provisions of any Ordinance or Resolution existing in relation to said Burial Ground.
Passed June 7 1852. [City Council Records No. 3, page 245.]
To the Hon! City Council
In conformity to the 7th Section of an Ordinance in relation to the
[ 149 ]
North Burying Ground herewith attached the undersigned respectfully reports that from the first monday in June 1851 to the monday in June 1852 he has caused to be dug 269 graves including removals and rein- terments from yards & Avenues amounting to 409.50
The undersigned further reports that he has issued within the above period 21 Certificates amounting to 21.00
Total Amt. received 430.50
Providence June 7, 1852.
Respectfully submitted by P. W. Martin Supt. of N. B. Ground.
Read Whereupon it is resolved that the same be received & recorded.
Passed June 7, 1852. [City Council Records No. 3, page 246.]
[September 27, 1852.] Resolved That the Committee on the North Burial Ground be and they are hereby authorized to cause a Gateway and Fence to be erected at the Main Entrance of said Burial Ground and that the sum of Eighteen hundred and fifty Dollars be and the same is hereby appropriated for defraying the expense of same.
Passed Sept. 27, 1852.
[City Council Records No. 3, page 266.]
[May 30, 1853.] The Committee on the North Burial Ground report that they have caused a Gateway & fence to be erected on said N. B. Ground expense $ 1686- leaving of the appropriation $164 unex- pended.
Read Whereupon it is resolved that the Same be received.
Passed May 30, 1853.
[City Council Records No. 3, page 316.]
[ 150 ]
[June 6, 1853.] Resolved That Messrs Mason, Williams & Saun- ders and Ald n Knowles be and they are hereby appointed a Committee upon the North Burial Ground with full power under and to carry into effect the provisions of any Ordinance or Resolution existing in relation to said Burial Ground.
Passed June 6, 1853. [City Council Records No. 3, page 324.]
[August 22, 1853.] Resolved That the sum of Five Hundred Dollars be and the same is hereby appropriated and to be paid out of any moneys in the Treasury not otherwise appropriated to be expended under the direction of the Committee on the North Burial Ground in enclosing with a suitable fence and otherwise improving the triangular piece of ground South of and adjoining the North Burial Ground
Passed August 22, 1853. [City Council Records No. 3, page 354.]
[October 20, 1853.] City Clerks Office, Providence.
Oct. 20, 1853.
I hereby Certify that I have examined the Records in this office in relation to Sexton Street & I have not been able to find any evidence that it was laid out by the Town or that the Town Council or Board of Alderman of said City have ever declared the aforesaid Street a Public Highway.
Albert Pabodie City Clerk.
[Case 1338-Whelden vs. Martin, Supreme Court, March Term, 1852.]
[June 5, 1854.] The Superintendent of the North Burying Ground makes his Annual Report.
Amt received $487-
Read Whereupon it is Ordered that the same be received.
Passed June 5, 1854. [City Council Records No. 3, page 431.]
[ 15] ]
[June 5, 1854.] Standing Committee ap.
On the North Burial Ground
Messrs Mason
Saunders & Ald n Hall.
Cowell
[City Council Records No. 3, page 431.]
[August 14, 1854.] An Ordinance in Amendment of An Ordi- nance entitled "An Ordinance in relation to the North Burial Ground "
It is Ordained by the City Council of the City of Providence as follows :--
The first section of said Ordinance authorizing the City Treasurer to lease certain lands and buildings therein described and the second section of said Ordinance be and the same are hereby repealed and that said Land be subject to sale for burying Lots in the same manner as the other portions of the North Burial Ground.
Passed August 14 1854.
Approved E. P. Knowles, Mayor. [City Council Records No. 3, page 443.]
[September 1, 1854.] City Ordinances Revision of 1854.
An Ordinance establishing the ordinances of the City of Providence, prescribing the time when they 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 herein after 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,
[ 152 ]
and all such of them as are new ordinances and all such parts of them as are amendments or alterations of any previous ordinance shall go into operation and effect on the first day of September next ;
An Ordinance in relation to the ordinances of the City of Provi- dence
An ordinance designating the officers to be appointed 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 interment of the dead.
An ordinance in relation to the North burial ground.
Sec. 2. All ordinances heretofore passed by the town or the 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 first day of September next.
[City Ordinances of 1854, page 137.]
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.
It is ordained by the City Council of the City of Providence as follows :
Section 1. Pursuant to the laws of the State, the following officers shall be annually appointed by the City Council, in addition to those specially designated by the City charter, to wit ; a city sergeant ;
Sec. 2. The following officers, in addition to those required, as designated in the preceding section, shall be appointed by the City Council annually to wit ; ; three commissioners of the North burying ground ; ; superintendent of the North burying ground.
[City Ordinances of 1854, page 142.]
[ 153 ]
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 1. There shall be appointed by the city council a sufficient number of persons to act as undertakers, removable at the pleasure of the city council.
Sec. 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.
Sec. 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 procured, 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 phy- sicians' certificates to the city clerk.
Sec. 4. Every physician omitting or neglecting to leave such cer- tificate as aforesaid shall forfeit and pay the sum of five dollars for cach offence.
Sec. 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 P. M. of the first Wednesday of each month, of all interments made and funerals conducted by him during the preceding month, in form as follows, to wit :
20
of
[ 154 ]
لا
An accurate list of all interments made by me between the first day and the last day of the same month inclusive. A. D.
Date of Death.
A
Name and
surname
of the
deceased.
Years.
Months.
AGE.
Days.
Place of death.
Sex, color and condition.
Occupation of male over 15 years.
Place of birth.
Names of Parents.
Disease or cause of death.
I certify that the above return is correct according to the best of
my knowledge and belief.
Undertaker.
Sec. 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.
Sec. 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 the city print- ing, and shall also prepare and publish in all the said newspapers, 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.
[ 155 ]
Sec. 8. Every undertaker who shall violate any of the provisions . of the preceding sections of this ordinance shall forfeit and pay the sum of ten dollars for each offence.
Sec. 9. Any person other than such an undertaker who shall man- age 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 dollars.
Sec. 10. All permissions given pursuant to the provisions of the ninth section of this ordinance shall be free of charge.
Sec. 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.
Sec. 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 forfeit 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. - [City Ordinances of 1854, pages 204-5-6-7.]
An Ordinance in relation to the North Burying Ground.
It is ordained by the City Council of the City of Providence, as follows :
Section 1. The city treasurer is hereby authorized to lease the three dwelling houses and barn on that part of the tract of land pur-
[ 156 ]
chased 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 he is also authorized to lease with no building to be erected thereon, that part of said Whelden tract added to the North burying ground by said ordinance, on which said houses and barn now stand, and now consisting 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 to credit to the general account of the city all moneys received on account of said leases.
Sec. 2. The rest of said North burying ground estate shall be under the care and direction of the Commissioners of the North bury- ing ground, and of the Superintendent of the North burying ground, who shall give his personal attendance, care, and services to the protec- tion, improvement, and proper use of the grounds, and to maintaining and enforcing all ordinances and regulations applicable thereto, under the direction of said commissioners.
Sec. 3. The city council shall annually appoint three commissioners of the North burying ground, who shall be duly commissioned and engaged to the faithful discharge of their duties. It shall be the duty of said commissioners to exercise a general supervision over said burying ground ; to see that all ordinances, regulations, and resolutions of the city council in relation thereto are duly enforced ; to do all acts necessary and proper for the improvement and protection of the grounds, avenues, and fences thereof, and for that purpose they are hereby authorized to draw from time to time upon the treasurer, for such sums of money received by said treasurer from the sales of burying lots in the North burying ground as they shall deem proper. Said commissioners shall annually in the month of May, make a report to the city council of the condition of the North burying ground, which report shall contain an exact ac- count of all the moneys expended by said commissioners, in pursuance
[ 157 ]
of the authority given by this ordinance, and the general purposes of such expenditure ; and also such other information as said commis- sioners shall deem expedient.
Sec. 4. No person shall take up, hold, or own any lot in said bury- ing 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 speculation or profit, nor shall any transfer be made without leave first had and ob- tained in writing from said commissioners.
Sec. 5. No person shall remove any stake, post, bound, or fence placed around, within, or upon said ground, under the direction or per- mission of said commissioners or of the 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.
Sec. 6. No person shall erect or build any vault or tomb within the limits of the North burying ground, nor enclose any part or portion thereof, without leave first had and obtained from said commissioners, which leave shall be first certified by said commissioners to the superin- tendent of said ground.
Sec. 7. No grave shall be dug nor any body 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 said commis- sioners at the expense of the person or persons burying or procuring the same to be buried.
Sec. 8. No grave shall be dug, nor any body buried within the North burying ground, excepting in and upon lots of proprietors, unless the place of such grave or burial be located under the direction of said superintendent or of said commissioners.
Sec. 9. Any person who shall dig or commence or attempt to dig, any grave in the North burying ground, except by authority of the
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superintendent, shall forfeit and pay the sum of five dollars for each offence, one-half thereof to and for the use of the superintendent of the North burying ground, and one-half to and for the use of the city.
Sec. 10. It shall be the duty of the superintendent 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, stating the name, residence occupation, age, the date, and, as near may be, the place of interment, of each person buried, with any other circumstances which said commissioners shall direct.
Sec. II. It shall be the duty of the superintendent to cause to be dug by his authorized agents all the graves dug within the North bury- ing ground, including those dug in and upon proprietors' 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.
Sec. 12. The superintendent, under the direction of said commis- sioners, shall keep the fences around the burying ground in proper repair, and the gates thereof locked ; he shall report to the city marshall every violation of this ordinance, as soon as may be, that the same may be prosecuted ; and he shall act in conformity with the directions of said commissioners, in all cases not otherwise specially provided for.
Sec. 13. The superintendent 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 service he shall also receive the sum of one dollar each for assisting in select- ing and for 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, and shall also be authorized to require and receive twenty five cents for every other certificate which he may give in his official capacity.
Sec. 14. It shall be the duty of the superintendent to keep an
[ 159 ]
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.
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