USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 14
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Sec. 15. All moneys received by the city treasurer for the sales of burying lots in the North burying ground are hereby appropriated to the improvement and protection of the grounds, avenues, and fences thereof ; and he is hereby directed to pay out, from time to time, the proceeds of such sales, upon the order of said commissioners or upon the order of the superintendent, certified by said commissioners.
Sec. 16. Any person who shall violate any of the provisions of this ordinance, except those contained in the ninth section thereof, shall forfeit and pay a sum not less than ten dollars nor more than one hundred dollars.
[City Ordinances of 1854, pages 208-9-10-II.]
[September 15, 1854.] Thomas Harkness to City of Providence .- $600 .- Warranty. A certain lot of Land situated in the Northerly part of the City of Prov. & is bounded & described as follows Beginning One hundred eighty four feet North of the Southwesterly corner of the fence that encloses the dwelling house & garden belonging to said City from thence Northerly bounding Westerly on the Smithfield Turnpike Road Sixty feet to the said Citys Land & holding the width of Sixty feet extending back Easterly One Hundred eight feet to said Citys Land, which bounds it on the Northerly, Easterly & Southerly sides & is the same Lot of Land conveyed by James Gartside to the present grantor by deed dated May 24, A. D. 1854 & recorded in Book 136 page 457 of the Records of Deeds in the City of Providence. [Decd Book No. 138, page 325.]
[September 18, 1854.] City of Providence to Monthly Meeting of Friends-$1830.98-Conveyance. A lot of land in the Ancient Public Burying Ground, called the North Burying Ground in the City
€
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of Prov. which Lot is not numbered in a Plat of said Burying Ground Lots in the Book of Records of Deeds of North Burying Ground Lots" in the Office of the City Clerk in said Providence. Said Lot contain- ing forty five thousand seven hundred seventy four & one half square feet, situated in the Westerly part of said North Burying Ground near the Smithfield Turnpike Road in the City of Providence bounded South- erly by Ivy Avenue, Easterly by Lawn Avenue, North by Vine Avenue & Westerly by Friends Avenue. [Deed Book No. 137, page 314.]
[September 18, 1854.] In Convention Sept. 18, 1854.
Edward P. Knowles. 1
appointed Commissioners
Zachariah Allen.
William S. Patten.
of North Burying Ground.
[City Council Records No. 3, page 452.]
[February 12, 1855.] Resolved That the Commissioners of the North Burying Ground be and they are hereby authorized to sell and convey to Joseph Whelden the strip of land which has recently been the subject of dispute in the case Joseph Whelden vs Philip W. Martin and that in case said Commissioners and said Whelden are unable to agree upon the amount of purchase money therefore said Commissioners . are hereby authorized to unite with said Whelden in submitting said question to arbitration
Passed Feby 12, 1855.
Approved
E. P. Knowles Mayor.
[City Council Records No. 3, page 477.]
[June 4, 1855.] The Report of the Committee of the Superin- tendent of the North Burial Ground for the year ending this day Total amt fees $640.75
Read Whereupon it is ordered that the same be received Approved James Y. Smith
Mayor Passed June 4, 1855.
[City Council Records No. 3, page 503.]
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[June 4, 1855.] The Report of the Commissioners of the North Burial Ground
Balance of account for Expenditures
$411.79
Read Whereupon it is ordered that the same be received.
Passed June 4. 1855.
Approved James Y. Smith
Mayor. [City Council Records No. 3, page 504]
[December 21, 1855.] An Ordinance in relation to Undertakers and 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 suffi- cient number of persons to act as undertakers removable at the pleasure of the city council
Sect. 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 furnish within forty eight hours after the death. to the undertaker attending the funeral, or to the city registrar. a certificate, giving the name of the person, the date of death, and the disease or cause of his or her death.
Sec. 3. Every physician omitting or refusing to furnish such certif- cate as aforesaid shall forfeit and pay the sum of five dollars for each offence.
Sec. 4. No undertaker or any person shall bury the body of any person dying in this City or remove the body of any person su dyin from the city or deposit the body of any person su dying in a tumb without first obtaining the certificate of the physician as affresaid or a permit from the City Registrar In case any person shall die without the attendance of a physician or if the physician shall refuse to give a . certificate as aforesaid it shall be the duty of the undertaker or other .1
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person to report the facts to the City Registrar, before attending the funeral of such person, when he shall be entitled to receive a permit for the burial of such person.
Sect. 5. Every undertaker or other person in said city who shall conduct any funeral or bury the body of any dead person or remove such body from the city, or deposit the same in a tomb shall make a return to the City Registrar between the hours of eleven o'clk A. M. and one o'clock P. M. on Monday of each and every week of all inter- ments made and funerals conducted by him of persons who shall have died during the week ending at noon of the Saturday next preceding- These returns shall truly give the following facts concerning each per- son so dying : viz : I. The date of death. 2. The name 3. The age 4. The street and number where the person died if in the city and the name of the town if out of the city. 5. The ward if in the City. 6. The sex. 7. The color. 8. The condition. 9. The occupation. IO. The place of birth. II. The fathers name. 12. The mothers name. 13. The parentage 14. The place where the body is to be buried, and also the physicians certificate for each person except those otherwise provided for in the preceding section.
Sect. 6. In case of the prevalence of any epidemic disease or when it shall seem necessary for the interests of the public health, the Board of Health shall have power to require more frequent return of deaths and also such additional information, as they may think proper.
Sect. 7. 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.
Sect. 8. Every undertaker who shall omit or refuse to furnish any certificate or return as aforesaid or who shall violate any provision of the 4th, 5th, 6th or 7th sections of this ordinance shall forfeit and pay the sum of ten dollars for each offence.
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Sect. 9. The city registrar shall cause an abstract of the returns of death made to him to be published in all the newspapers which con- tract to do the city printing, monthly, and oftener if required by the board of health. He shall also during the months of January or Feb- ruary annually, prepare and present to the city council a statement of the number of births, of marriages solemnized and of deaths which occurred in the city during the year ending with the thirty-first day of December next preceding, with such other information and suggestions in relation thereto as he may deem useful for the promotion of the public health, and other interests of the city.
Sect. 10. The board of health is hereby authorized to employ a person or persons semi-annually in the months of July and January to collect the facts required by the laws of the state concerning all births which may have occurred in the city during the six months preceding the first day of the months above named, provided that the expense thereof shall not exceed the sum of two hundred dollars annually.
Sect. 11. Any person other than an Undertaker who shall manage and conduct a funeral, or inter or remove from the city a dead body or deposit such dead body, in a tomb shall first obtain permission from the board of health or from the City Registrar, and shall be subject to all the requirements contained in this ordinance in relation to undertakers, and for every neglect or refusal to obtain such permission or to comply with such requirements shall forfeit and pay the sum of ten dollars.
Sect. 12. No undertaker or other person shall bury or cause to be buried the body of any deceased person in this city, 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 violating this sec- tion of this ordinance shall forfeit and pay the sum of twenty dollars for each offence.
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Sect. 13. The ordinance entitled "An Ordinance in relation to the interment of the dead is hereby repealed.
Sect. 14. This ordinance shall take effect on and after the first day of January A. D. 1856.
Passed December 21st 1855.
Approved
J. Y. Smith Mayor. [Ordinance Book No. 2, page 97, City Clerk's Office, Providence.]
[June 16, 1856.] The Commissioners of the North Burying Ground in conformity with law make this their Second Annual Report Read Whereupon it is ordered that the same be received
Passed June 16, 1856.
Approved J. Y. Smith Mayor.
[City Council Records No. 4, page 88.]
[September 8, 1856.] The Superintendent of the North Burying Ground makes his Annual Report which is Read whereupon it is Ordered that the same be received and referred to the standing Com- mittee on the North Burial Ground
Passed Sept. 8 1856.
Approved J. Y. Smith Mayor.
[City Council Records No. 4, page 100.]
[September 22, 1856.] Ordered That the Report of the Super- intendent of the North Burial Ground this day (8th Sept) made to the City Council be referred to the Standing Committee on the North Burial Ground
Passed Sept. 22, 1856.
Approved J. Y. Smith Mayor. [City Council Records No. 4, page 105.]
Monument to EDWARD PECK KNOWLES Mayor of the City of Providence 1554-5.
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[November 10, 1856.] An Ordinance in amendment of "An Ordinance in relation to the North Burying Ground "
(See Ordinance Book No 2 Page 105) Passed Nov 10, 1856.
Approved J. Y. Smith
Mayor. [City Council Records No. 4, page 110.]
[November 10, 1856.] An Ordinance in amendment of "An Ordinance in relation to the North Burying Ground "
It is ordained by the City Council of the City of Providence as follows
Section I. The first section of the ordinance of which this ordi- nance is in amendment is and the same is hereby repealed and the property therein described and authorized to be leased by the city treasurer be and the same is hereby transferred and appropriated to the North Burying Ground for the use thereof under the care and direction of the commissioners and of the Superintendent of the North Burying Ground as part thereof
Passed Nov. 10, 1856.
Approved J. Y. Smith Mayor.
[Ordinance Book No. 2, page 105, City Clerk's Office, Providence.]
[June 1, 1857.] The Superintendent of the North Burial Ground makes Report which is read
Whereupon it is ordered that the same be received.
Passed June 1, 1857.
Approved J Y. Smith Mayor. [City Council Records No. 4, page 151.]
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[June 15, 1857.] The Commissioners of the North Burying Ground in Conformity with Law make this their Third annual report
Read whereupon it is ordered that the same be received
Passed June 15, 1857.
Approved J. Y. Smith Mayor.
[City Council Records No. 4, page 158.]
[June 29, 1857.] To the Honorable
The City Council of the City of Providence
The Commissioners on the North Burying Ground Respectfully Represent
That for some years past the City Authorities have taken gravel for the use of the Highways from the North Burying Ground near the South Westerly line on the Smithfield Turnpike until they have made a pit too deep to be longer worked which has been abandoned leaving a deep rough and unsightly excavation in plain view of two public roads
As the Surveyor of highways is at work near the place & having a large quantity of earth which can be conveniently used to fill up that excavation the Commissioners respectfully request the City Council to instruct the Surveyor of Highways or other proper authority to cause the excavation to be filled up during the present Summer.
Wm S. Patten,
for the Commissioners.
Providence June 29, 1857.
Read whereupon it is resolved that the same be received and re- ferred to the Standing Committee on Highways with authority to cause the pit to be immediately filled up if they deem it expedient and with instructions to report at the next meeting of the City Council
Passed June 29, 1857.
Approved
Wm M. Rodman Mayor. [City Council Records No. 4, page 162.]
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[July 1, 1857-in effect.] Chapter 73. Of Nuisances.
Sec. 8. Town councils of the several towns shall have power to pro- hibit burials in the compact or thickly populated parts of any town, and to make such by-laws and ordinances relating to the same, and the use of grounds for burials in such localities as they may think necessary for preserving the health of such neighborhood, and to enforce such ordi- nances in the manner provided in the first and second sections of this chapter. [General Laws of Rhode Island. Ed. 1857, Chapter 73. Ed. 1882, Chapter 79. Sce act of May 2, 1884, and extract from Gen- eral Lars in effect February 1, 1896.]
[September 14, 1857.] Resolved That the City Treasurer be and he is hereby directed to make a Deed of the following described Lot in the North Burying Ground to " The Home for Age Women " viz Lot situated on the East side of Pine Avenue bounded 65 feet on Willow Avenue then running southerly 103 feet to an Avenue leading from Ridge to Pine Avenue on which it measures 46 feet bounded on the east by a two foot path dividing the said Lot from a row of Lots front- ing on Ridge Avenue Containing 4665 feet
Passed Sept 14, 1857.
Approved
W. M. Rodman Mayor. [City Council Records No. 4, page 179.]
[April 26, 1858.] The Commissioners of the North Burying Ground make their Fourth Annual Report Read Whereupon it is resolved that the same be received
Approved
Passed April 26, 1858.
Jabez C. Knight President pro tem Board of Alderman [City Council Records No. 4, page 219.]
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[June 7, 1858.] The Superintendent of the North Burying Ground makes his annual Report
Read whereupon it is ordered that the same be received
Passed June 7, 1858.
Approved W. M. Rodman
Mayor.
[City Council Records No. 4, page 227.]
[June 6, 1859.] The Superintendent of the North Burying Ground makes his Annual Report
Amt received
$602.50
Read whereupon it is ordered that the same be received
Passed June 6, 1859.
Approved
Jabez C. Knight Mayor. [City Council Records No. 4, page 283.]
[June 6, 1859.] The Commissioners of the North Burying
Ground make their Annual Report.
Receipts for year ending Apl 30/59
I507.77
Expenditures Do Do 1412.18
Balance to new ac.
$95.59
Lots sold
$1217.73
Rents
290.04 1507.77
Read whereupon it is ordered that the same be received.
Passed June 6, 1859.
Approved Jabez C. Knight
Mayor. [City Council Records No. 4, page 284.]
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[June 11, 1860.] To the Hon the City Council of the City of Providence
The Superintendent of the North Burying Ground in conformity with Law makes his annual Report for the year ending June 1 1860 Rec'd for Interments
$603.50
" Certificates 103.00
$706.50
Nathan Smalley Supt.
Read whereupon it is ordered that the same be received
Passed June 11, 1860.
Approved
Jabez C. Knight Mayor.
[City Council Records No. 4, page 353.]
[March 8, 1861.] Chapter 367.
An Act in Relation to the North Burial Ground in the City of Providence.
It is enacted by the General Assembly as follows :
Section 1. Any person may by deed or will give bequeath or devise to the commissioners for the time being of the North Burial Ground, in the city of Providence, and their successors in office, any property or estate real or personal, to be applied to the improvement of any burial lot, or the construction of a monument or other structure for a memorial to the dead in said ground, or for the purpose of constituting a fund to be held in perpetual trust ; so that the income thereof may be applied continually for the preservation and care of any such burial lot or monu- mental structures therein, as in and by such deed or will may be directed or declared to be the object of the creation of such trust.
Sect. 2. In every case of such gift, bequest or devise, the property so given, bequeathed or devised, shall, upon the execution of such deed, 22
·
[ 170]
or upon probate of the will containing the same, and the acceptance thereof by the city council of the city of Providence hereinafter pro- vided for, vest in the commissioners for the time being of said North Burial Ground, and shall pass from time to time to their successors in office, as the same are appointed and qualified ; and shall not be subject to the general laws of descent or distribution : provided, that nothing in this act contained shall be construed to exempt any such estate or prop- erty so bequeathed or devised from being taken and applied for the pay- ment of the debts of the person so settling the same, in case the other estate or property held by any such testator at the time of his decease shall be insufficient therefor, in the same manner as if this act had not been passed ; and provided, also, that no such deed or gift, devise or bequest, shall take effect until accepted by a vote of the city council of said city of Providence.
Sect. 3. If the value of any such gift, devise or bequest, or the annual income thereof, shall exceed the cost of the expenditures by said commissioners in the faithful execution of the conditions and directions for the use and appropriation thereof, the surplus, if any, shall be applied by said commissioners to the general improvement and preservation of the fences, avenues, trees and shrubbery of said North Burial Ground.
Sect. 4. Said commissioners shall keep regular accounts of the capital, income and annual disbursements of each of said trust estates and property, and shall attend to the secure investment of the same, with power to sell and reinvest from time to time, in their discretion ; and once in each and every year shall make a detailed statement of said accounts to the municipal court of said city, showing the amounts ex- pended and the balances remaining on hand of the several trust funds. And on rendering such accounts annually, the said court shall charge the usual fees on the accounts as in other cases ; but no emolument shall be paid to said commissioners for performing the duties contem- plated by this act.
[ 17] ]
Sect. 5. This act shall be subject to all future acts of the general assembly in amendment or repeal thereof. [Acts of General Assembly, January Session, 1861, page 130. Amendments passed February 6, 1863, March 16, 1865, April 25, ISS9 and May 25, 1895.]
[April 8, 1861.] Upon the petition of Joseph Veazie of Provi- dence praying acceptance by the City Council of a certain deed
Voted that the Deed of gift executed by Joseph Veazie bearing date Apr 8 1861 conveying to the Commissioners of the North Burial Ground and their successors in office ten shares of the Capital Stock of the Boston and Providence Railroad Corporation to be held in perpetual trust under the provisions of the "Act in relation to the North Burial Ground in the City of Providence " passed by the General Assembly at its January session A. D. 1861 be and hereby is accepted by this council.
Passed April 8, 1861.
Approved
Jabez C. Knight, Mayor.
[City Council Records No. 4, pages 400-1.]
[June 3, 1861.] To the Hon. the City Council of the City of Providence
The Superintendent of the North Burial Ground in conformity with law makes this his Annual Report
Received for digging graves
485.50
.. " Certificates of Lots
32.00
517.50
Read whereupon it is ordered that the same be received
Passed June 3, 1861
Approved
Jabez C. Knight,
Mayor. [City Council Records No. 4, page 409.]
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[June 14, 1861.] The Commissioners of the North Burial Ground make their annual report.
Read, whereupon it is ordered that the same be received.
Passed June 14, 1861.
Approved
Jabez C. Knight, Mayor.
[City Council Records, No. 4, page 417.]
[January Session, 1862.] Chapter 399
An Act in addition to chapter 151 of the Revised Statutes-"Of the Jurisdiction of Court of Probate and of License to sell Real Estate."
Section 3. Courts of Probate may authorize and empower guar- dians appointed or approved by them to exchange any lot of their wards in any burial ground or cemetery within this state or any right or interest of their wards in any such lot, burial ground or cemetery for any other lot, right or interest in the same, in any other burial ground or cemetery, upon such terms and conditions as said courts may pre- scribe ; provided that in all such exchanges the title of the lot, right or interest taken in exchange shall be taken in the name or names of the ward or wards whose lot right or interest is given in exchange. [Acts of General Assembly, January Session, 1862, page 198. Ed. 1882, chapter 179. See extract from General Laws, in effect February I, 1896.]
[March 10, 1862.] Resolved That the " Webb Monument Asso- ciation " be and they are hereby authorized to locate and erect their monument in the North Burial Ground up on the oval lot in the centre of group No 10 as delineated upon the Map of the North Burial Ground now in the office of the City Clerk ; provided that said lot be surrounded by a path not less than eight feet in width and that the work be ap- proved by the Commissioners of the North Burial Ground. Resolved. That the City Treasurer be and he is hereby directed to issue to the
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Webb Monument Association up the completion of said Monument a deed of said lot without charge.
Passed March 10, 1862.
Approved
Jabez C. Knight Rescinded October 13, 1862. [City Council Records No. 4, page 461.]
[March 12, 1862.] To the Hon City Council of the City of Providence.
The Commissioners of the North Burying Ground Report For the
year ending 30 1862
The grading of Avenues and groups has cost
$985.42
Trees shrubs and other necessary improvements
105.83
Repairs of Fences and house
II.07
$1102.32
The Superintendent has collected for Rents of Cox & Nichols estates
$ 140.00
Rent of Tomb
56.72
Poundage
9.25
A. Potter
3.60
$209.57
$892.75
For which sum orders have been drawn from time to time upon the City Treasurer The money has been expended as will appear by the accounts on file for the improvement and protection of the grounds avenues and fences
During the same period the City Treasurer has received
for lots sold $1243.81
leaving an unexpended balance
$351.06
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The attention of the Committee having been called to certain en- croachments on Sexton Street they found upon examination that it was a matter not within their Jurisdiction which fact was communicated in writing to the Mayor.
Providence May 10, 1862
Z. Allen
Commissioners
Henry L. Bowen of the North Jos. F. Gilmore Burying Ground.
Read whereupon it is ordered that the same be received
Passed May 12, 1862.
Approved Jabez C. Knight Mayor.
[City Council Records No. 4, pages 469-70.]
[June 2, 1862.] The Superintendent of the North Burying Ground in conformity with law makes this his annual Report Amount received for interment from June 1/61 to June 1/62 $511.00 Amount received for sale of lots
Superintendents fees 31.00
$542.00
Providence June 2 1862. Nathan Smalley Sup't
Read : whereupon it is ordered that the same be received
Passed June 2, 1862.
Approved Jabez C. Knight Mayor. [City Council Records No. 4, page 475.]
[October 13, 1862.] Upon the Petition of the Webb Monument Association it is
Resolved that the City Treasurer be and he is hereby directed to convey by deed to the Grand Master of the Grand Lodge of Free and accepted Masons of the State of Rhode Island and his successors in
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said office the circular lot in the North Burial Ground whereon the monument of Thomas Smith Webb now stands.
Resolved
That the Resolutions heretofore passed by the City Council direct- ing a deed of said lot to be made to the "Webb Monument Associa- tion " be and the same is hereby rescinded.
Passed October 13, 1862.
Approved
Jabez C. Knight Mayor.
[City Council Records No. 4, page 519.]
[December 2, 1862.] Resolved That the Joint Standing Com- mittee on City Property be directed to inquire into the subject of a dispute between the City and Joseph Whelden in regard to the line of land on Sexton street and report the facts to the City Council
Passed Dec 2/1862
Approved Jabez C. Knight Mayor.
[City Council Records No. 4, page 526.]
[December 11, 1862.] The Committee on City Property who were directed by the City Council Dec. 26 to inquire into the subject of a dispute between the City and Joseph Whelden in regard to the line of land on Sexton Street Report That the land in question was in litiga- tion for some years it being understood by Mr Burgess then Mayor of the City and others that upon a decision of the question involved the title to other land in the neighborhood depended a verdict was obtained against Mr Whelden Where upon he claimed a new trial under the statute, but before the case was reached, the counsel for the City were informed that the case had been adjusted and nothing has been done about it since The Committee learn that the case was contested at much expense to the City and from the information given them are of
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