USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31
1 Plat D.
0Z8966
-Z
D
N 13 -5. 18.12
Turn Pike Road
₦ 2 ₩ 13 0
Two Acres
S/ 8/ M 98 S
S
From D.B 36 page 25€
Plat D opposite page 46.
[ 47 ]
the sixth month A. D. 1796 and which is recorded in book No. 24 page 266 of the records of the Town of Providence for recording deeds. [Deed Book No. 36, page 249.]
[October 30, 1813.] An Act to enlarge and explain the powers of the town meetings and Town Council of the town of Providence.
Section I. Be it enacted by the General Assembly and by the authority thereof it is enacted, That the freeman of the town of Provi- dence in town meeting legally assembled, shall have power to make by- laws for the government of said town, relative to the erecting, establish- ing and regulating public markets and market places and the trade thereof ; relative to the streets and highways of said town, and to the making, mending paving and cleaning and lighting the same; relative to nuisances within the limits of said town ; relative to landing places, wharves, anchoring and moving of vessels and to injuries and encroach- ments upon the waters of the rivers and harbour ; relative to trees planted for shade, ornament, convenience or use ; relative to public walks and buildings; relative to sweeping of chimnies and to fire engines, and machines for stopping or extinguishing fire, and the preser- vation of the town from fire; relative to a public watch and the security of the town from riotous and disorderly persons ; relative to taverns, « cook's shops, oyster-houses, and other places of entertainment, and to the assize of bread, relative to public shews exhibitions and spectacles, and to the regulation of theatres, and other public places of amusement ; relative to the public burying-grounds and the burial of the dead ; rela- tive to foot or side walks in the streets and to posts, gutters, drains, signs, steps, cellar doors, windows and lamps therein and to inflict penalties for the breach of such by-laws ; provided that such penalty shall in no case for any one offense exceed the sum of forty dollars. That such penalties shall be forfeited to the use of the said town, or to such persons and for such uses, as shall be in such by-laws described
[ 48 ]
and shall and may be recovered by indictment, information, or action of debt, in any court of competent jurisdiction. Provided however, That said by-laws shall not be contrary to the laws of the State; And pro- vided also that nothing herein contained shall be construed to impair or repeal any power or authority heretofore vested by law in said town, or Town Council nor to exempt offenders from the punishments or pen- alties already prescribed by the laws of the state, for any of the offences herein described.
Section 2. [Public Laws of Rhode Island 1798-1821, page 173.]
Note. By virtue of the charter granted by the General Assembly Oct. 1831 to the City of Providence all powers previously conferred on town meetings were vested in the City Council.
[February 22, 1817.] An Act to prevent the violation of the sanctuary of the dead.
Section 1. Be it enacted by the General Assembly and by the authority thereof it is hereby enacted, That if any person or persons shall secretly dig up any human body, or carry away the same from any vault, or other place in which the same may be deposited ; or knowingly conceal any such human body after it shall have been so dug up, or carried away, as aforesaid, every such person or persons, his or their aiders or abettors, shall, on conviction thereof before the Supreme Judicial Court, or Court of General Sessions of the Peace for the county in which such offence shall have been committed be fined a sum not exceeding five thousand dollars, nor less than one thousand dollars and be imprisoned not exceeding six years nor less than one year. [General Laws of Rhode Island, 1798-1821, page 235.] [Amendment, October Session, 1838.] [See also act of February 3, 1838 and extract from General Laws, in effect February 1, 1896.]
[ 49 ]
[December 15. 1820.] We the undersigned having been ap- pointed by the Honorable General Assembly at their February Session A. D. 1819, a committee to locate and establish the Cumberland and Smithfield Turnpike Road, three rods wide to Commence near the house of Absalum Ballou in Cumberland and running southerly towards the Town of Providence, untill it strikes the Branch of the Louisquisett Turnpike, near the bridge over Moshausic River, and to agree with the Proprietors and to appraise the damage (if any) that any person may sustain through whose land said road may pass, and to make a return of our proceedings, in laying out said Road, and appraising the damages aforesaid into the Clerks Office of the Court of Common Pleas of the county of Providence ; do report that we have proceeded on the busi- ness of our said appointment and laid out said road three rods wide, in manner following Viz: Beginning at a stake and heap of stones on the northwesterly side of the said Branch of the Louisquisett Turnpike twenty rods and nine links from said Bridge and running thence in the west side of said Cumberland and Smithfield Turnpike, through the lands of Benjamin Pidge William Randall & John Randall North two and an half degrees east, one hundred and forty six rods to a heap of stones on the north side of the cross road between John & Joseph Randall's lands, thence North seven degrees East through Joseph Randall's land one hundred and thirty five rods to a heap of stones on Joseph Randalls Wall on the west side of a road, thence North three- and an half degrees west four hundred and ninety eight rods and fifteen links, through the land of the heirs of James B. Mason and lands of William Dexter, Amelia Brown, Peter Pike, Louis Dexter heirs of Jeremiah Dexter, and Nehemiah Sheldon to a small yellow Pine on the West side of Spectacle Pond Thence North fifteen and an half degrees East one hundred and twenty nine rods and three quarters through lands of Aza Arnold & George Smith, and Maturin Ballou to a heap of stones on a rock in Maturin Ballou's plain thence through Maturin
[ 50 ]
Ballou's land North seven degrees East fifty three and an half rods to a Black oak; North two degrees East forty nine and an half rods to an Elm in Jencks Bartletts land, thence through said Bartletts land North thirteen degrees east sixteen rods and twenty links to a ledge on the height of land, thence North fifty degrees West twenty one rods to a heap of stones, thence North thirty seven degrees west forty eight rods near Imar Comstocks house thence North thirty seven and an half degrees west fifty two rods to a heap of stones, thence through the lands of Elisha Arnold and Israel Arnold North thirty three degrees west, twenty nine rods, North twenty three degrees west twenty rods, North Nine degrees West Eighteen rods to a point of Rocks in Israel Arnolds land, thence North one degree west, passing eastward of an old house through the lands of Samuel Arnold and others seventy seven rods to a stake and Stones on the East side of the Mill pond, thence North twenty seven degrees and three quarters west, through lands of George Smith and others, fifty five rods to a stake and stones near Tuckers Barn, Thence through lands of said Smith, Christopher and John Dexter land thence through sd. Dexters land and lands of Simeon and Joseph Wilkinson ; heirs, North two degrees east two hundred and ten rods, to a white oak on the East side of the old Road, thence North six and an half degrees west, forty two and an half rods to a white Oak, thence North twelve and an half degrees west fifteen rods to a heap of stones, thence . North twenty five degrees west sixteen and an half rods to a white oak on the hill side westward of Hemlocke Bridge, thence North twenty seven degrees west thirty three rods to Elizabeth Whipples land near Martins way, thence North two degrees and an half west, through lands of Elizabeth Whipple Simon Whipple and land of the Fastway Company two hundred and seventeen rods to a stake and stones, North twenty four degrees and three quarters west twenty nine rods to a stake and stones, thence North fifty four degrees east (crossing Blackstone River) twenty two rods to a stake in Oliver Bligh's land, thence through said
[ 5] ]
Bligh's land North six degrees East thirty six rods to the Cumberland and Mendon Road about half a mile northward of Absalom Ballou's house as per plat of said Turnpike Road herewith returned into the Clerks office.
Dec. 15, 1820.
Thomas Mann. Elisha Mathewson. William Allin.
[Report on file in office of Clerk of Court of Common Pleas, in package labelled " Turnpike Reports." ]
[June 4, 1821.] At a Town Meeting of the Freemen of the Town of Providence legally warned & assembled at the Town House on the Fourth Day of June A. D. 1821.
Voted that Dexter Thurber be & he is hereby authorized to Cause such Repairs to be made respecting the Inclosure of the North Burying Ground as he may think fit & necessary. [Town Meeting Records No. 9, pages 148 8. 161.]
[June 3, 1822.] At a Town Meeting of the Freemen of the Town of Providence legally Warned and assembled at the Town House on Monday the Third Day of June A. D. 1822.
Voted that John Carlile and Dexter Thurber be a Committee to examine and make such arrangements as they may think convenient and proper respecting the North Burying Ground and to report their proceedings relative thereto at the next Town Meeting. [Toren Meet- ing Records No. 9, pages 201-7.]
[August 27, 1822.] At a Town Meeting of the Freemen of the Town of Providence legally warned and assembled at the Town House in said Town on the last Tuesday in August being the 27th Day of the Month A. D. 1822.
[ 52 ]
Voted that John Carlile and Dexter Thurber be appointed a Com- mittee to confer with any Committee that may be appointed by the Town of North Providence respecting the Regulation of the Burial of the dead in the North Burial Ground ; and that the Town Clerk be directed to cause a Copy of this Vote to be left with the Town Clerk of said North Providence to be Communicated to the Freemen of said Town. [Town Meeting Records No. 9, pages 210 8. 214.]
[June Session, 1823.] An Act to Establish the Smithfield Turn- pike Corporation.
Section I. Be it enacted by the General Assembly, and by the authority thereof it is enacted That Stephen H. Smith, Seth Adams Samuel Arnold Truman Beckwith, Samuel F. Mann Isaac Brown and Luther Pearson and others their associates, successors and assigns, shall be and they hereby are created a Corporation and body politic by the name of the Smithfield Turnpike Corporation ; and by that name shall be and hereby are made able and capable in law as a body corporate to purchase, possess, have and enjoy to themselves their successors and assigns lands not exceeding one hundred acres tenements, rents tolls and effects of what kind or nature soever * *
Section 2. Be it further enacted That the road to be made and main- tained by said Corporation shall be three rods wide, and shall commence near the Friends meeting house in Smithfield, and running southwardly, and continuing in the most convenient route towards the town of Provi- dence until it strikes the branch of the Douglas turnpike near the bridge over Moshassuck river.
Section 3. Be it further enacted That Thomas Mann of Smithfield, Elisha Mathewson of Scituate and William Allin of Barrington be and they hereby are appointed a Committee to locate and establish said road and to agree with the proprietors if they can and if not to appraise the damage, if any, that any person or persons may sustain through whose
[ 53 ]
land said road may pass ; and the Committee shall make a return of their proceedings in laying out said road and appraising the damages, aforesaid into the Clerks office of the Court of Common pleas in the County of Providence as soon as conveniently may be after said appraise- ment shall have been made; and if any person or persons shall be aggrieved by said appraisement made by said committee, he, she or they may apply to said Court of Common pleas, at the next term thereof after said appraisement shall have been returned as aforesaid, and may have the damages assessed by a jury in said Court and a verdict of such jury when established by said Court shall be final provided always, that if the report of the Committee shall be Confirmed, or the amount of the damages lessened by the jury, the person or persons applying for such jury trial shall pay all lawful costs, and if the amount of damages shall be increased, the cost shall be paid by said corporation.
Section 4. [Acts of General Assembly, June Session, 1823, page 42.]
[September 8, 1823.] Report. We the undersigned having been appointed by the Honorable General Assembly at their June Session A. D. 1823 a Committee to lay out the Smithfield Turnpike Road com- mencing near the Friends meeting house in Smithfield and running southerly towards the Town of Providence untill it intersects the branch of the Louisquisett Turnpike near their Bridge across Moshausik River and to make report of our proceedings into the Clerks office of the Court of Common Pleas in County of Providence, do report that we have proceeded on the business of our said appointment and laid out said road three rods wide in manner following viz: Beginning at a Part in Samuel Arnold's fence on the west side of the old road, ten rods north of the South east corner of his lot south of the Friends Meeting house in Smithfield, and running thence on the west side of said Turnpike road, South thirty degrees East, one hundred and nine rods
[ 54 ]
through the lands of said Samuel Arnold, Jeremiah Whipple, Nathaniel Spaulding and George Whipple to a rock in George Whipple's wall, thence South forty seven and an half degrees East thirty four and an half rods to a heap of stones on a ledge in George W. Comstock's land thence South twenty seven degrees East ten rods to a heap of stones thence South two and an half degrees
East seventeen rods & ten links to a Rock in said Comstocks land, thence South twenty three degrees West, through the lands of said Comstock James Mason, Joseph Randall, George Smith & Aza Arnold and John Dexter two hundred and seventy three rods to a white Oak in said Dexters land on the west side of Spectacle Pond, thence South four and an half degrees East through the lands of John Dexter, Heirs of Jeremiah Dexter, Lewis Dexter, Peter Pike, Pike & Randall William Dexter and the heirs of James B. Mason four hundred and ninety three rods & fifteen links to a stone set in the ground thence south three and a half degrees west 25 rods and 20 links to a stone set in the ground on the east side of a large oak Tree thence South 6, 2/3 degrees West through Joseph Randalls land Two hundred and fifty five rods and sixteen links to a heap of stones on the north side of the Branch Turnpike Road Seventeen rods and nine links South easterly from the bridge as per Plat herewith returned.
Sept. 8, 1823.
Thomas Mann. Elisha Mathewson. William Allin.
[Report on file in office of Clerk of Court of Common Pleas, in package labelled " Turnpike Reports." ]
[June 11, 1825.] At a Town Meeting of the Freemen of the Town of Providence holden by Adjournment at the Town House on Saturday the Eleventh Day of June A. D. 1825.
The Town Treasurer makes the following Report
[ 55 ]
Town Treasurers office June 6th 1825
Mr Dexter Thurber having represented to the Town Treasurer that it is necessary a Fence should be erected on the Division Line between his Land and the Land purchased some years since by the Town of Moses Brown and which now lies Common and the Treasurer not Con- sidering himself authorized to direct any Measures relative thereto which may cause Expense Submits the Case to the Town that they may take such Measures or give such Directions as the Circumstances may require. The Land purchased of Mr. Brown as above Contains about Eight Acres and adjoins and now Composes part of the North Burying Ground the whole of which lies Common except an Inclosure around the graves. Before the Eight Acres were purchased by the Town it was inclosed and Mr. Brown and the owner of the Land now belonging to Mr. Thurber were at the joint Expense of the partition Fence but in the Deed of the Land to the Town Mr Brown reserved the Fencing Stuff which he removed off except what inclosed M. Thurbers Lot ; that partition Fence is now decayed and M. Thurber claims of the Town to be at half the Expence of a New Fence It therefore seems expedient that a Committee should be appointed to examine and decide in the Case.
Respectfully Submitted John Howland
T. Treasurer.
Voted and resolved that the Subject of the within Report be referred to Messrs Moses Brown, Stephen Tillinghast and Stephen Martin to ascertain the Bounds of the Burying Ground and to cause to be erected at the Corners permanent Stones And also to enquire into the pro- priety of erecting a Division Fence between the Burying place and Land of Dexter Thurber Esq. referred to in the within Report. [ Town Meeting Records No. 9, pages 348 §. 360.]
[ 56 ]
[April 16, 1828.] At a Town Meeting of the Freemen of the Town of Providence legally warned and assembled at the Town House in said Town on Wednesday April 16th A. D. 1828.
Voted that the Town Council be a committee to determine how far South tombs may be erected on the North Burying Ground. [Town Meeting Records No. 10, pages 34 § 39.]
[October 1, 1828.] At a Town Meeting of the Freemen of the Town of Providence holden by adjournment at the Town house on Wednesday the first day of October A. D. 1828.
An Ordinance fixing the bounds for erecting tombs & vaults on the North burying ground Voted and ordained That from and after the passing of this Ordinance no vault or tomb shall be erected or built south of a line drawn from east to west in range with the southerly tomb now on said north burying ground built by John H. Clark.
And it is further voted and ordained that if any person or persons shall after the passing of this ordinance build or cause to be built or erected any vault or tomb south of the line drawn as aforesaid he she or they shall forfeit and pay to and for the use of the town the sum of forty dollars for every such offence by them committed to be sued for and recovered in an action of debt in the name of the Town Treasurer in any Court Competent to try the same And it is further voted and ordained that the Clerk cause this ordinance to be published three weeks in the American and Journal papers printed in this town.
Meeting Disolved.
[ Town Meeting Records No. 10, pages 95 $ 97.]
[April 21, 1830.] At a Town Meeting of the freemen of the Town of Providence legally warned and assembled at the Town house on Wednesday the 21st day of April A. D. 1830.
Voted that Peter Daniels be authorized to put and keep the fence
028961
white ach (rcc
N 62N SR.
W. oak tree
224 WIS WOLL AZ
9 - 21
7 €YSE ML95
SU:SIM TEEN
Acres Rods 2/ - 120
560 F 69+ R
N JIE 66 Rods
heap stones
E
Laid out to Edward Randall Esq of North Providence twenty one & 3 acres of land situate partly in Providence and partly in the town of North Providence within the originalpurchase of Providence on the East side of the seven mile line bounded and described as follows . Viz : - Beginning at a stake within two feet of an Elm Tree near William Randalls house thence running South 67 West thirty- three rods and three links to a stake and stones thence South 60W twenty rods 18 rods to a white oak tree to a large white oak tree marked thence North West five Rods to a white oak tree thence south 88;"west eight and a half rods to a while oak tree thence south 29, west twenty two rods to a heap of stones thence south 8"west nine rods and twenty one links thence south 60'E.sixty nine rods and a quarter to a heap of stones four rods and four links west of the wall on the east side of Pawtucket Turnpike about one rod south of Herenden lane thence north 31'E. east sixtynine rads and one quarter to the middle of the brook to a stake thence north 33; W fifteen rods und an half to the first mentioned bound and is particularly delineated by the above plat Laid out on the original right of William Harris on the second forly acres division laid out and
bounded us aforesaid April 16" 1829 by Benani Lockwood Props. Surveyor
Proprietors office Providence Apr. 16, 1829 Examined &allowed
W R Staples Props. Com".
Recd. for Record Apr. 16, 1829 at 30 minutes past four o clk and recorded same day in Book No. 2 Page 377 ofthe records of returns on the east side the seven mile line Altest W. R.Staples Proprs. Clk
Recorded April 16th A0.1829
Witness Nathan W. Jackson T. Clk
From D.B57p86
Plat E opposite page 56.
[ 57 ]
around the North Burial Ground in Repair during the temporary absence of Mr Olney the Overseer. [Town Meeting Records No. 10, pages 171 & 179.]
[August 30, 1831.] At a Town Meeting of the freemen of the Town of Providence legally warned and assembled at the Town House on tuesday the 30th day of August A. D. 1831.
Voted that Peter Daniels & Dexter Thurber be a Committee to repair or rebuild in their discretion the fence on the North Burial Ground the expence thereof to be paid out of the Town Treasury. [ Town Meeting Records No. 10, page 251.]
[January Session, 1832.] An Act in Amendment of an Act to Incorporate the Providence and Boston Railroad Company and for other Purposes.
(This act provides for the transfer of the Providence and Pawtucket Turnpike to the Providence and Boston R. R. Co. for $25000. to be for the use of the state. ) [Acts of General Assembly, January Session, 1832, page 45.]
[June 7, 1832.] Real Estate belonging to the City of Providence.
The North Burying Ground - This tract originally Comprised 45 acres and on the 21st of June 1796 the Town purchased of Moses Brown eight acres adjoining west on the Same after which a Turnpike road was laid through leaving part of the Towns land S. W. of the road this piece was afterwards sold by the Town to Sullivan Dorr and others owners of a Woolen Factory. it has always within my memory been said that there had been Considerable encroachments on different sides of the land and it was thought by some persons that the 8 acres bought of M. Brown had formerly been Stript off the Original 45 acres tho he had purchased it not doubting that the true title was in the person from whom he made the purchase there Certainly ought to be a Survey
8
[ 58 ]
and as far as possibe definate the bounds ascertained and monuments of wrought Stone placed at the lines especially as some of the land on the west line of the Pawtucket road is now understood to be endorsed by individuals
Respectfully Submitted to the Committee of the City Government June 7th 1832 by John Howland late Treasurer.
(In a schedule of real estate compiled by Stephen Tillinghast City Treasurer June 1 1833 the foregoing is repeated.
" Note the City Treasurer is mainly indebted to the last Town Treasurer for the Schedule.")
(June Ist 1834 Same condition reported.)
[City Council Records No. I, page 31.]
[June Session, 1833.] (Resolution appointing a Committee to receive the property of the Providence and Pawtucket Turnpike Com- pany in behalf of the state and also authorizing the same Committee to transfer the same to the Providence and Boston Railroad Co. pursuant to an act passed at the Jan. Ses. 1832.) [Acts of General Assembly, Tune Session, 1833, page 49.]
[April 14, 1834.] An Ordinance in relation to the North Burial Ground.
Section 1. Be it ordained by the City Council of the City of Provi- dence.
That no person shall erect or build any vault or tomb within the limits of the City burial ground for inclose any part or portion thereof without leave first had and obtained from the City Council
Section 2. That every person who shall violate any provision of this Ordinance shall forfet and pay a sum not less than Ten dollars nor more than Fifty dollars to and for the use of the City to be recovered in an action of the Case in the name of the City Treasurer before the proper Court to try the same.
[ 59 ]
Section 3. That the overseer of said burial ground shall keep the fences around the same in proper repair and the gates thereof locked and he shall report to the mayor every violation of this Ordinance as soon as may be that the same may be prosecuted.
Passed April 14, 1834.
[City Council Records No. I, page 143.]
[May Session, 1834.] The Committee appointed by the General Assembly to take a transfer of the Providence and Pawtucket turnpike road &c ask leave to submit the enclosed papers, and statement of their doings under that appointment The Committee on the nineteenth of August last (having previously had the proper understanding with the turnpike Company) gave notice to the Providence and Boston Rail Road Company, that they were ready to Cause a transfer to be made to them of the Providence and Pawtucket turnpike road &c, agreeable to the terms of their charter. An acknowledgement of this notice with a proposal to accept the transfer within the time and upon the condition specified in their charter, was returned to the Committee on the twenty first of January. At the expiration of the time allowed by the charter viz : on the twentieth of February last, the Committee having received a transfer of the turnpike road gave notice to the railroad company that they were ready to make the transfer of this road to them upon the conditions contained in their charter. On the same day they received an answer of the same import as the one given to their letter of the nineteenth of August ; copies of which are enclosed together with all the papers pertaining to their proceedings. The Committee then appointed Thomas Burgess Esq. to take charge of the road, receive the tolls and return his account to them at the present session of the General Assembly which has been done, showing a net balance subject to the direction of the General Assembly of five hundred seventy eight dollars and twenty three cents, for tolls and collections since the trans-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.