USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 18
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(Ordered printed June 3, 1872 with Sup'ts. report .- Resolution No. 21 ) [Resolutions of the City Council No. 366, 1872.]
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[May 9, 1872.] For the annual report on the North Burial Ground fund for the year ending Apr. 30 1872 see City Council records No. 7, pages 256 & 7.
[City Council Records No. 7, pages 256-7.]
[July 8, 1872.] No. 50. Message from the Mayor relative to the suit of the heirs of William Randall. (Presented July 8, 1872) Mayor's Office, City of Providence, July 8, 1872. ) 1
Gentlemen of the City Council :
Hon. Edward P. Knowles and the heirs of William Randall have certain suits against the city, now pending in the Court of Common Pleas, in which the title to a portion of the land of the north burial ground is in dispute.
These cases, I am informed, can be amicably settled without serious loss to the city, and I therefore recommend that a committee be ap- pointed with full power to settle the above controversies.
Thomas A. Doyle, Mayor.
[Resolutions of the City Council No. 50, 1872.]
[August 2, 1872.] No. 101. Resolution relating to the Suits of the Heirs of William Randall. (Approved August 2, 1872.)
Resolved, That Aldermen Sharpe, Snow and Sprague, with Messrs. Hayward, Paine, Place, WV. Y. Potter and Carpenter, of the Common Council, are hereby appointed a committe to confer with Edward P. Knowles and others, heirs of William Randall, in relation to certain suits now pending in the Court of Common Pleas for the County of Providence, between them and the City of Providence and ascertain upon what terms settlement thereof can be made, and report the same to the City Council.
[Resolutions of the City Council No. 101, 1872.]
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[November 25, 1872.] No. 297. Resolution accepting Gift of Rosanna Carpenter to the North Burial Ground Fund. (Approved, November 25, 1872.)
Resolved, That the gift of James M. Cross, administrator of the estate of Rosanna Carpenter, deceased of the sum of three hundred dollars, to the Commissioners of the North Burying Ground, in trust, the income thereof to be applied, under the provisions of chapter 367 of the public laws, to the preservation and care of the burial lot of said Rosanna Carpenter, in said ground, be and the same is hereby accepted by the City Council.
[Resolutions of the City Council No. 297, 1872.]
[January 15, 1873.] For the annual report of the Commissioners of the North Burial Ground for the year ending Dec. 3.1, 1872. see No. 366, Resolutions of 1872-3 (Ordered printed June 2, 1873 with Sup'ts report-Resolution No 17.) . [Resolutions of the City Council No. 366, IS73.]
[January 29, 1873.] No. 384. Message from the Mayor in relation to the Bequest of John Crain. (presented January 29, 1873.) Mayor's Office, City of Providence, January 29, 1873.
Gentlemen of the City Council :
I have received notice from the executor of the will of John Crain, late of Pawtucket, deceased, that Mr. Crain, by his will, bequeathed the sum of two hundred dollars to this city, the interest thereon to be applied to keeping in order lot No. 32 in the North Burying Ground, standing in the name of Anthony Budlong. I recommend that the bequest be accepted by the City Council.
Thomas A. Doyle Mayor.
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Pawtucket, January 23, 1873.
To His Honor the Mayor of the City of Providence :
Sir-John Crain, a citizen of this town, deceased in September last, leaving a will in which was the following bequest :
"I give and bequeath to the Corporation of the City of Providence, Rhode Island, in trust, the sum of two hundred dollars ($200), the interest of the same, or so much thereof as may be necessary, to be applied to keeping the grounds of the burial lot No. 32, standing in the name of Anthony Budlong, and located in the North Burial Ground, in the City of Providence ; and if the interest on said fund should exceed the sum necessary to keep the same in proper order, the excess shall be paid into the city treasury, for the use of said city."
Will you please place this before the proper authorities for accept- ance, and upon due notice, I am prepared to pay over the same, as directed in and by said will.
Respectfully yours, &c. Lewis Pearce, Executor of the Will of John Crain. [Resolutions of the City Council No. 384, 1873.]
[January 29, 1873.] No. 385. Resolution referring the same to the Joint Committee on the North Burying Ground. (Approved January 29, 1873.)
Resolved, That the message of the Mayor in relation to the bequest of John Crain, of two hundred dollars to the city in trust, the income to be applied to the care of the lot of Anthony Budlong in the North Burying Ground be referred to the Joint Committee on the North Bury- ing Ground, to examine and report thereon.
[Resolutions of the City Council No. 385, 1873.]
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[February 24, 1873.] No. 411. Resolution accepting bequest of John Crain. (Approved February 24, 1873.)
Resolved, That the bequest of John Crain be and hereby is accepted. In accordance with his will, dated September 1872 ; and the city treas- urer be and he is hereby authorized to receive from Lewis Pearce, executor of the will of John Crain, the amount named in said bequest, and apply the same to the object named in said will.
[ Resolutions of the City Council No. JII, IS73.]
[March 20, 1873.] No. 470. Report of Special Committee upon the suits of Edward P. Knowles and others, heirs of William Randall in relation to the North Burying Ground. (Presented March 20. 1873.)
To the Honorable the City Council of the City of Providence
The undersigned, who by resolution No. 101, approved August 2, 1872, were appointed a committee to confer with Edward P. Knowles and others, heirs of William Randall, in relation to certain suits now pending in the Court of Common Pleas for the county of Providence between them and the city of Providence, and ascertain upon what terms settlement thereof can be made, and report the same to the City Council, have considered the matters referred to them, and respectfully submit the following report :
The suits now pending are as follows :
First. A suit in which Lucius Miner and Wife and others, heirs of William Randall, are the plaintiffs, and the city is defendant. This is an appeal from the order of the Board of Aldermen, declaring that a portion of Sexton street had ceased to be useful to the public as a high- way.
Second. A suit between the same parties, being an appeal from the order and decree of the Board of Aldermen in relaying said Sexton street, and reducing its width from fifty feet to thirty feet.
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Third. A suit brought by the same parties against Nathan Smalley, Superintendent of the North Burying Ground, to determine the title to that portion of said burying ground purchased by the city of John Carter Brown. The attention of the City Council was called to this claim of the said heirs by the Mayor in a message under date of November 26, 1868.
The heirs of William Randall also claim to have been aggrieved by the report of the committee on claims made to the City Council Novem- ber 28, 1868, upon the petition of said heirs and William Corliss and Jacob Symonds, in reference to the sale of the Randall farm to the city. This matter is not in terms embraced in any of the suits before named, but is incidentally connected with the suit against Mr. Smalley, as affecting the title to the land in the burying ground.
The committee have afforded every opportunity to the parties claiming to be aggrieved, to be heard in the matter, and find that the committee on claims prepared a report upon the matter referred to in said petition, a copy of which marked "A," is hereto annexed.
This draft of a report was agreed to by Mr. Knowles and the com- mittee, as a substantially correct statement of the facts referred to in said petition, but was not presented to the City Council, but another report was made which was not satisfactory to the petitioners, and which the petitioners claim they never saw or heard of until it was presented to the City Council.
The committee therefore recommend that the accompanying paper marked "A," be adopted by the City Council as a correct statement of the facts therein referred to.
In reference to the suit against Mr. Smalley brought to determine the title to that part of the North Burying Ground estate purchased of John Carter Brown, in 1866, the committee find the following to be the facts.
The land lying between North Main street on the east the Uriah
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Hopkins lot on the south, the original location of Sexton street on the west, and a line in continuation of the line of North street, (formerly Harrington's lane) on the north, is claimed by the heirs of William Randall under the old proprietor's title. There is great difficulty at this time, in accurately determining the exact location of what was known as the country road. In the only suit in which any attempt was made to fix the location of this road with certainty, the decision was adverse to the claim of the city. The position of this highway is of great importance, as in the vote of the town and the proprietors in 1700 defining the limits of the burying ground, the eastern boundary is described as the highway. If this highway was Sexton street, as is claimed by the Randall heirs, the land in question is outside of the original limits of the burying ground. If it was where North Main street irow is, the burying ground extended to it.
It is further to be stated, that it is proposed by the Randall heirs, in case they maintain their claim to this land, to give it to the city for a public square or park, in accordance with the wishes of Edward Ran- dall, the brother of William Randall, as expressed in a power of attorney given by him to John Whipple in 1848, as appears by the Mayor's mes- sage before referred to.
It is also to be remembered, that the authorities of North Provi- dence have ordered the widening of the Pawtucket turnpike to the width of ninety-nine feet, from the old toll gate to the city line, and if the city should in connection with North Providence, extend this widen- ing from the North Providence line to Branch avenue, a great public improvement would be made at a very inconsiderable cost.
The committee are of the opinion that it would not be wise, under any circumstances, to permit any portion of the land to which the title is in open dispute to be sold or used for burial purposes, nor do they think it would be wise to permit burials upon this land, in any event. farther east than the easterly line of Sexton street.
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If this tract of land adjoining the turnpike and containing about six acres, should be made a public square, and North Main street widened to the width of ninety-nine feet and all litigation concerning the title to this ancient burying ground be amicably terminated, the public interest, in the opinion of your committee, would be greatly promoted.
The committee would further add that, in their judgment, Edward P. Knowles and the Randall heirs have acted in entire good faith in their dealings with the city in reference to the suits in question and the other controversies relating to the North Burying Ground.
The committee therefore recommend that the necessary steps be taken forthwith, for the widening of North Main street to the width of ninety-nine feet, from the North Providence line to Branch avenue, as shown upon the accompanying plat.
They also recommend that interments be prohibited upon that por- tion of the North Burying Ground estate lying east of the easterly line of Sexton street as originally laid out, and that all that portion of said estate between the present easterly line of burial lots and North Main street, be dedicated to the public as and for a public square.
They also recommend that the city pay the costs incurred by the Randall heirs in the aforesaid suits, provided that said heirs and said Edward P. Knowles shall discontinue all said suits and relinquish all claim to said lands.
The committee respectfully submit the accompanying resolutions to carry their recommendations into effect.
For the committee,
Lucian Sharpe, Chairman.
A
DRAFT OF REPORT OF COMMITTEE ON CLAIMS.
The Committee on Claims, to whom was re-committed the petition of E. P. Knowles, Jacob Symonds and William Corliss, asking for a
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conveyance from the city to said Symonds and Corliss of a portion of the land purchased of the Randall heirs for burial purposes, respectfully report :-
That something like an agreement or understanding existed between the agent of the city and Messrs. Symonds and Corliss, in accordance with which, if the city purchased the land at auction, a certain portion thereof should be conveyed to them in consideration that they would refrain from bidding thereon.
It is not necessary to inquire into the power or authority of the said agent to enter into any such agreement or understanding, or the legal, equitable, or moral obligation of the city in the premises, because the contingency upon which the agreement or understanding with Messrs. Symonds and Corliss was based, never occurred. The city did not pur- chase the property at auction. The estate was purchased of the Randall heirs some days subsequent to the auction by a member of the com- mittee, who had been appointed for the purpose of negotiating with them in relation thereto in the first instance.
At the time of purchase as aforesaid, said member of said committee did give said heirs to understand, that if they would convey said property to the city without restrictions as to the purposes for which it should be used, a street or road would be laid out by or through a portion of said land, which would increase the value of other lands owned by said heirs. Whether said road or street was to be laid out by the city, or where or how it was to be constructed, does not definitely appear. The member of the committee who negotiated the purchase does, however, say that the understanding, at the time of the purchase, was such that if he had bought for himself instead of the city, he should think himself under an obligation to make such street or road as he gave said heirs to under- stand would be made. There is no evidence before the committee of any assent on the part of the city to any such understanding. The city took an unconditional deed of the property and paid for it, and did
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not know, until after the purchase, of any condition or understanding of the matters herein referred to.
The member of the committee who negotiated with the Randall heirs had no authority, express or implied, by which he could bind the city to lay out such a street or road as is herein referred to, or to make any conveyance to Symonds and Corliss, and any promise made or un- derstanding had with the Randall heirs, bound no one beyond the party who negotiated with them.
[Resolutions of the City Council No. 470, 1873.]
[March 28, 1873.] An Act Annexing a Portion of the Town of North Providence to the City of Providence. (Passed March 28, 1873 ; January session, page 174.)
It is enacted by the General Assembly as follows :
Section 1. All that portion of the town of North Providence em- braced within the limits of the North Burying Ground and within the limits of the Swan Point Cemetery, is hereby set off from said town of North Providence and annexed to the city of Providence; and the portion so set off and annexed is hereby declared to be within the limits and jurisdiction of the city of Providence for all purposes; and the inhabitants of the said portion so set off and annexed shall have and enjoy all the rights, privileges and immunities, and be subject to all the duties and liabilities, which the inhabitants of said city of Providence have and enjoy and to which they are subject ; and said portion so set off and annexed shall be, until.the next division of said city into wards, a portion of the first ward of said city.
Sec. 2. The city of Providence shall be liable for the support of all persons who now do or shall hereafter stand in need of relief as paupers, whose settlement was gained by or derived from a settlement within the limits of the portion hereby set off and annexed. [Acts of General Assembly, January Session, 1873, page 174.]
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[ April 28, 1873.] No. 537. Resolution to transfer the bequest of John Crain, to the North Burial Ground Fund. (Approved April 28. 1873.)
Resolved, That the city treasurer is hereby directed to pay to the commissioners of the north burying ground the sum of two hundred dollars, the same being the amount bequeathed to the City of Provi- dence, by John Crain, late of Pawtucket, deceased : the said amount to be held by said commissioners in trust under and according to the pro- visions of the will of said John Crain, and chapter 367 of the statutes of this state.
[Resolutions of the City Council No. 537, 1873.]
[May 8, 1873.] For the annual report on the North Burial Ground fund for the year ending Apr. 30, 1873 see City Council records No. 7 page 472.
[City Council Records No. 7, page 472.]
[May 19, 1873.] No. 581. Resolution relating to suits of Lucius Miner and others, Heirs of William Randall. ( Approved May 19, 1873.)
Resolved, That the city treasurer is hereby directed to pay the plaintiffs costs in the two cases of Lucius Miner and others against the City of Providence, and Lucius Miner and others against Nathan Smalley, now pending in the court of common pleas for the county of Providence whenever he shall receive from the city solicitor a certificate that said suits have been discontinued, and that said plaintiffs have re- leased to the city all claims to that portion of the North Burying Ground estate lying between North Main street and the easterly line of Sexton street as formerly laid out.
[Resolutions of the City Council No. 581, 1873.1
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[July 8, 1873.] No. 79. Resolution accepting gift of William G. Dearth to the North Burial Ground Fund. (Approved July 8, 1873.)
Resolved, That the gift of William G. Dearth of the sum of two hundred dollars to the Commissioners of the North Burying Ground, in trust, the income thereof to be applied under the provisions of chapter 367 of the public laws to the preservation and care of the burial lots of said William G. Dearth and of Abby T. Dearth, in said ground, be and the same is hereby accepted by the city council. [Resolutions of the City Council No. 79, 1873.]
[December 11, 1873.] No. 344. Resolution accepting gift of the heirs of Joseph Tillinghast, to the North Burial Ground Fund. (Approved December 11, 1873.)
Resolved, That the gift of Mary T. Gladding, Elizabeth G. Chand- ler, and Amey Ann Arnold, heirs of Joseph Tillinghast, deceased, of the sum of one hundred dollars to the commissioners of the north burying ground, in trust the income thereof to be applied under the provisions of chapter 367 of the public laws, to the preservation and care of the burial lot of said donors in said ground be and the same is hereby ac- cepted by the city council and that the same be called the Joseph Til- linghast fund,
[Resolutions of the City Council No. 344, 1873.]
[May 4, 1874.] For the annual report on the North Burial Ground fund for the year ending Apr. 30, 1874 see City Council records No. 8. pages 171-2.
[City Council Records No. 8, pages 171-2.]
[September 29, 1874.] An Ordinance relating to the Joint Stand- ing Committees of the City Council (Approved Sept. 29, 1874.)
It is ordained by the City Council of the City of Providence as follows. viz :-
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Section 1. There shall be annually appointed by the City Council immediately after the organization of the City government, the follow- ing joint standing Committees who shall hold their offices until the expiration of the current municipal year Viz :- also a committee on the north burying ground ; * cach of which shall consist of three members of the common council and one alder- man ;
( Number of councilmen changed from three to four, Oct. 6, 1883) [Ordinance Book No. 3, page 143. Ed. 1875, Chapter XIII. Ed. 1887, Chapter VIII. Amended April 1, 1878, but part quoted not changed. .Also amended February 4, ISSO.]
|November 2, 1874.] No. 1054. Resolution transferring $2,000 to the appropriation for the North Burying Ground. ( Approved November 2, 1874.)
Resolved, That the sum of two thousand dollars be and the same is hereby transferred from the reserve fund to the North Burial Ground improvement fund.
| Resolutions of the City Council No. 1054, 1874.]
[November 6, 1874.] James Eddy to City of Providence-$100 -Quitclaim. A lot in the North Burying Ground in the said City of Providence said lot is No. one hundred and seventy one ( 171 ) in Group No. twelve (12) as numbered and designated in a Plat of said Burying Ground lots in the Office of the Recorder of Deeds in said Providence Said lot being twenty feet long by twenty feet wide con- taining four hundred square feet situated on the east side of Main Avenue on which it measures twenty feet.
[ Deed Book No. 248, page 280.]
November 9, 1874.] Lewis H. Humphreys to City of Provi- dence-$100-Quitclaim. A lot of land in the Ancient public burying
30
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ground called the North Burying Ground in the City of Providence which lot is numbered one hundred and seventy in Group number twelve as numbered and designated 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 Recorder of Deeds in said Providence Said lot being twenty feet long and twenty feet wide containing four hundred square feet situated on the east side of Main Avenue on which it meas- ures twenty feet.
[Deed Book No. 248, page 281.]
[January 8, 1874.] For the annual report of the commissioners of the North Burial Ground for the year ending Dec. 31, 1873 see No. 1099 Resolutions of 1873-4
[Resolutions of the City Council No. 1099, 1874.]
[December 23, 1874.] No. 1159. Resolution transferring $400 to the North Burying Ground Improvement fund. (Approved Decem- ber 23, 1874.)
Resolved, That the sum of four hundred dollars be and the same is hereby transferred from the reserved fund to the North Burial Ground Improvement.
[Resolutions of the City Council No. 1159, 1874.]
[January 4, 1875.] Ordinances of 1875. (In effect January 4.) Chapter VII. Burial Grounds.
Section 1. The north burial ground estate, as the same now is or hereafter may be constituted by any purchases, to be made by the city of Providence or other parties, or any donations for and on behalf thereof, and the Hopkins burial ground, being the lot of land conveyed to the town of North Providence by Admiral Ezek Hopkins, by deed recorded in the record of deeds in said town in book of deeds 2, page 377, shall be under the care, control and direction of the commissioners
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of the north burial ground and of the superintendent of the north burial ground ; and said superintendent shall give his personal care, services and attendance to the protection, maintenance, improvement and proper use of the grounds within said estates, and to maintaining and enforcing all ordinances and regulations applicable thereto under the direction of said commissioners.
Sect. 2. The said commissioners shall exercise a general super- vision over said burial grounds, see that all ordinances, regulations and resolutions of the city council in relation thereto are duly enforced, and do all acts necessary and proper for the improvement and protection of the grounds, avenues and fences thereof. Said commissioners shall annually, in the month of January make a report to the city council of the condition of said burial grounds, which report shall contain an ac- curate detailed account of all moneys expended by said commissioners, in pursuance of the authority given by this chapter, and the general purposes of such expenditure ; and also such other information as said commissioners shall deem expedient.
Sect. 3. The said commissioners are authorized to purchase such horses, cattle, carts and other vehicles, and all such tools and imple- ments as may be necessary for the proper care and management of said burial grounds ; and all such property, so purchased, shall belong to the city of Providence. The said commissioners are also authorized to employ such workmen as they may deem necessary in laying out and caring for said burial grounds, and in keeping the lots, fences, monu- ments and avenues therein in proper order, and in doing such new work as they may contract to perform.
Sect. 4. All rents collected from said burial grounds, all fees or rewards of any kind derived therefrom, paid to the superintendent of said burial grounds, or to any other person, and all income of whatever description, derived from said burial grounds, shall be paid to the city treasurer of the city of Providence, and together with the sums received
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from the sale of lots in said burial grounds shall constitute the north burial ground improvement fund.
Sect. 5. Said commissioners are authorized to expend not exceed- ing three fourths of said fund in any one year, in the payment of salaries and in the improvement and protection of the grounds, avenues and fences of said burial grounds, and the city treasurer is hereby directed to pay the same, from time to time, upon the order of said commis- sioners ; and the balance of said fund not so expended in any one year is hereby appropriated as a sinking fund for the extinguishment of any indebtedness of the city already contracted or which may hereafter be contracted, principal or interest, on account, of the purchase of land for said burial grounds.
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