USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 8
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[April 9, 1838.] Upon the Petition of Hannah Hunter requesting leave to fence in and enclose a burying lot sufficient for her family in the North Burial ground it is Resolved that the same be received and the prayer thereof granted and that the said petitioner be and she is hereby authorized to fence in and enclose such lot for such purpose, provided the same be done under the "direction of the Overseer of the
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Relayed, musured & Laid out to Edward Randall Esq of North Providence nineteen actes & thirty rods of Land on the east side of the seven mile line within the Original purchase of Providence situate lying and being in the Town of Providence, being in three pieces the first whereof is on the east side of the river adjoining on north side of the North Burial Ground bounded as follows, viz : beginning at a point nearly opposite of the south side of Herendens lane on the west side of Pawtucket Turnpike road, thence North 32 East 17 chains & 10 links bounding on said road to hear the brook, formerly a walnut tree , thence North 42 West 13rods, thence South 12 West 32 rods, thence South 60' West 22. rods, thence North 45 West 18 rods, thence North 62' West 5- Rods, thence North 88 ; W. 8 rods 15 Links, thence South 29: West 22 Rods, thence South 8'West 2 Ch: 14 Links, thence South 814 East 4 Ch 80 L , thence South 10 ; East 10 Chains &13 links, thence South 31 West four chains, thence Westerly at right angles 2 ; R , thence Southerly at aright angle , and thence South 60 E 3Ch 38 ; L to the place of beginning
also one other piece of land situate in the Town aforesaid lying on the East side of said burial ground bounded as follows beginning at the end of the line last mentioned course thence South 30' West about 58 Rads, thence at a right angle Westerly & Rods, thence North 38'East about 60
Rods to the place of beginning Likewise one other piece of land belonging to said Randall lying North
Providence on the cross road Westerly from Hartan Grove , bounded as follows, beginning at the North East corner thereof at a stone bound, thence south 59; W 3Ch 28L, thence South 63 . East 85 links, thence North 46'East 2 Chs
85 The first described lot contains 19 acres & 39 and is hereby relayed and remeasured , having been on 16th day of April A D. 1829 laid out by me for the said Randall as appears by his return since recorded , the rest of the land in soud return being covered by alder and paramount title is relinquished by said Randall The second lot contains one acre & 32 rods, and the third and last lot forty two & a half Rods and is laid out in Lieu of the land covered by the former returns and now relinquished as aforesaid on the original right of William Harris on the second forty acre division Relayed remeasured and laid out as afaresaid this 12th day May A D 1838 by Benoni Lockwood Prop Surveyor March 4.1839 examined & allowed
Recorded in Book No 2 page 384 for recording returns at east side seven mile lon. IN R. Staples Profits Com
W. R Staples Proprs . Com .
Plat G opposite page 75.
Pawtucket
₦ 8815
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a ch. 804
[ 75 ]
North Burial Ground with the sanction of the Mayor and provided also that the privilege hereby granted shall be subject to all future regula- tions of the City Council and shall Continue during the pleasure of the City Council and no longer
Passed April 9th 1838.
[City Council Records No. I, page 351.]
[June 4, 1838.] Upon the Petitions of Alexis Caswell Richard Waterman Freeman Foster John Barstow George W. Jackson Nabby Jackson Charles Jackson Henry Jackson James Dennis John F. B. Flagg George H. Hopkins Ezekiel Carpenter William T. Pullen Heze- kiah Sabin William D. Salisbury and John Payton severally requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial ground it is Resolved that the same be received and the prayers thereof granted and that the said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purposes Provided the same be done under the direc- tion of the overseer of the North Burial Ground with the sanction of the Mayor; and provided also that the several privileges be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed June 4 1838.
[City Council Records No. I, page 369.]
[July 16, 1838.] Upon the Petition of William L. Burroughs and Joshua H. Work severally requesting leave to fence in and enclose burying lots sufficient for their respective families in the North Burial Ground it is Resolved that the same be received and the prayers thereof granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose Provided
[ 76 ]
the same be done under the direction of the overseer of the North Burial Ground with the sanction of the Mayor And provided also that the several privileges hereby granted shall be subject to all future regu- lations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed July 16, 1838.
[City Council Records No. I, page 379.]
[August 6, 1838.] Upon the Petition of William W. Aldrich and Isaac Goddard praying for leave to fence in and enclose burying lots suffi- cient for their respective families in the North burial ground It is Resolved that the same be received and the prayers thereof granted and that the said petitioners be and they are hereby authorized to fence in and enclose such lots for such purposes ; provided the same be done under the direction of the overseer of the North burial ground with the sanc- tion of the Mayor and provided the several privileges granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed August 6th 1838. [City Council Records No. I, page 380.]
[August 20, 1838.] Upon the Petition of Earl D. Pearce James Wheaton Thomas R. Holden Luther Lyon John D. Jones Albert J. Jones and William B. Dean severally requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial ground it is Resolved that the same be received and the prayers thereof granted and that said petitioners be and they are hereby sev- erally authorized to fence in and enclose such lots for such purposes ; Provided the same be done under the direction of the overseer of the North burial ground with the sanction of the Mayor and provided also
[ 77 ]
that the several privileges hereby granted shall be subject to all future regulations of the City Council & shall continue during the pleasure of the City Council and no longer.
Passed August 20th 1838.
[City Council Records No. I, page 382.]
[September 24, 1838.] Upon the several petitions of William E. Cutting and Lewis Leveck severally requesting to fence in and enclose burying lots sufficient for their respective families in the North Burial Ground it is Resolved that the same be received and the prayers thereof granted and that the said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purposes Provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and Provided also that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer
Passed Sept 24, 1838.
[City Council Records No. I, page 387.]
[October Session, 1838.] An Act in addition to " an act to pre- vent the violation of the sanctuary of the Dead "
Be it enacted by the General Assembly as follows :
Section 1. Hereafter it shall not be lawful to locate or construct any rail-road, canal, turn-pike road, highway or public easement what- ever, in, upon or through any grave, graves or enclosures used or appro- priated for the burial of the dead, without the consent of the proprietor or proprietors thereof ; and in case such place of burial belongs to, or is used by the inhabitants of any town, without the consent of the town in which the same is situated.
Section 2. If any person shall wilfully destroy, mutilate, deface, injure, remove or cover over by embankment or otherwise any tomb,
[ 78 ]
monument, gravestone, or other structure placed or erected to the memory of the dead ; or any fence, railing or other curb; or tree or trees, shrub or shrubs, for the protection or ornament of such tomb, monument, grave, or other structure consecrated to the memory of the dead, he shall be liable to the penalty in this act provided.
Section 3. Every person offending against the provisions of this act shall be liable to be indicted therefor before any court of competent jurisdiction : and to be sentenced to a fine not exceeding one thousand dollars, and to be imprisoned not exceeding six months one or both at the discretion of the court. [Acts of General Assembly, October Session, 1838, page 49. See acts of Feb. 22, 1817, and Feb. 3, 1838.]
[November 5, 1838.] Upon the petition of William R. Staples requesting leave to fence in and enclose a burying lot sufficient for his family in the North burial ground it is resolved that the same be received and the prayer thereof granted and that said petitioner be and he is hereby authorized to fence in and enclose such lot for such pur- pose provided the same be done under the direction of the Overseer of the North burial ground with the sanction of the Mayor and provided also that the privilege hereby granted shall be subject to all future regu- lations of the City Council in relation thereto and shall Continue during the pleasure of the City City Council and no longer
Passed November 5th 1838.
[City Council Records No. I, page 388.]
[December 3, 1838.] Upon the several Petitions of James P. Butts and Samuel H. Thomas requesting leave to fence in and enclose burying lots sufficient for their respective families in the north Burial ground ; It is resolved that the same be received and the prayers thereof granted and that the said Petitioners be and they are hereby authorized
[ 79 ]
to fence in & enclose such lots for such purpose ; provided the same be done under the direction of the Overseer of the North burial ground with the sanction of the Mayor and provided also that the several privileges hereby granted shall be subject to all future regulations of the City Council and shall Continue during the pleasure of the City Council and no longer
Passed December 3d 1838.
[City Council Records No. I, page 390.]
[December 31, 1838.] Upon the Petition of Augustus Ellis and Amey Collins requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial ground it is Resolved that the same be received and the prayers thereof granted and that said petitioners be and they are hereby authorized to fence in and enclose such lots for such purpose ; provided the same be done under the direction of the overseer of the North burial ground with the sanction of the Mayor and provided also that the several privileges hereby granted be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer
Passed December 31st 1838.
[City Council Records No. I, page 392.]
[March 29, 1839.] Upon the Petition of Christopher B. Arnold & Welcome Arnold requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial Ground it is Resolved that the same be received and the prayers thereof granted and that said Petitioners be and they are hereby authorized to enclose such lots for such purposes Provided the same be done under the direc- tion of the Overseer of the North Burial ground with the Sanction of the Mayor and Provided that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation
.
[ 80 ]
thereto and shall Continue during the pleasure of the City Council and no longer
Passed March 29th 1839 [City Council Records No. I, page 40Q.]
[May 13, 1839.] Resolved that the Surveyor of Highways be and he hereby is directed to Cause that portion of the North Burial Ground lot lying South of the South fence to be graded or levelled and, also to Cause the holes which have been dug or made in that portion of said lot lying North of the north fence to be filled up
[City Council Records No. I, page 405.] Passed May 13 1839
[June 3, 1839.] Upon the Petitions of Mary Gardner Thomas Hall Daniel S. Amsbury Thadeus Carey & Amos Baker requesting leave to fence in & enclose burying lots sufficient for their respective families in the North burial ground it is Resolved that the same be received & the prayers thereof severally granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purposes provided the same be done under the direction of the overseer of the North Burial ground with the sanction of the Mayor and provided the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Con- tinue during the pleasure of the City Council and no longer
Passed June 3 1839
[City Council Records No. I, page 423.]
[June 24, 1839.] Upon the petition of Mary W. Rounds Joseph Veazie Susan Perry & Jabez Gorham severally requesting leave to fence in an enclose burying lots sufficient for their respective families in the North Burial Ground it is Resolved that the same be received and the prayer thereof granted and that said petitioners be and they are hereby
[ 8] ]
severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the overseer of the North Burial ground with the sanction of the Mayor and provided the several privileges hereby granted shall be subject to all future regula- tions of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer
Passed June 24 1839.
[City Council Records No. I, page 436.]
[August 26, 1839.] Upon the several petitions of Israel Amsbury Hannah Smith Gideon Palmer Richard Palmer Jonathan S. Palmer Nathaniel Searle & William S. Patten requesting leave to fence in & enclose burying. lots sufficient for their respective families in the North Burial Ground it is Resolved that the same be received and the prayers thereof severally granted and that the said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the Overseer of the North Burial Ground with the Sanction of the Mayor And provided also that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Con- tinue during the pleasure of the City Council and no longer.
Passed August 26, 1839.
[City Council Records No. I, page 442.]
[October 21, 1839.] An Ordinance in relation to the Interment of the Dead.
Section 1. Be it Ordained by the City Council of the City of Prov- idence that there shall be annually appointed on the first Monday of June by the City Council, a sufficient number of persons to act as undertakers removable at the pleasure of the City Council.
Section 2. That every undertaker shall make return to the Clerk of the Board of Health between the hours of nine o'clock A. M. and
11
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two o'clock P. M. of the first Wednesday of each month of all inter- ments made and funerals conducted by him during the preceding month in form as follows to wit.
An accurate list of all interments made by me between the
day of
and the
day of
NAME.
REMARKS.
Sex.
Married or
Single.
Widow or
Widower.
Age.
Color.
Resident or
Non-Resident.
Street.
Disease.
Date of
Death.
UNDERTAKER.
Section 3. That 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 four feet below the usual surface thereof.
Section 4. That the Clerk of the Board of Health shall prepare an abstract of all returns made to him, and report the same to the Board of Health on the Monday next succeeding the last Wednesday of each month. The board of health shall cause a monthly abstract of all such returns to be published in all the news papers which contract to do the city printing and shall also prepare and publish in all the said news_ papers in the first week in January, in each year an abstract of all the returns made to them to the close of the preceding year.
Section 5. That every undertaker who shall violate any of the pro- visions of this ordinance shall forfeit and pay the sum of ten dollars for
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each offence to and for the use of the city to be recovered in an action of debt in the name of the City Treasurer before the proper court to try the same.
Section 6. That any person other than such an undertaker who shall manage or 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 second 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 to and for the use of the city to be recovered in an action of debt in the name of City Treasurer before the proper court to try the same.
Section 7. That all permissions given pursuant to the provisions of the sixth section of this ordinance shall be free of charge.
Section 8. That 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.
Section 9. That this ordinance shall go into effect from and after the thirty first day of December A. D. 1839 and that on or before that day there shall be appointed by the City Council a sufficient number of persons to act as undertakers as aforesaid removable as aforesaid and to hold their said offices from and after the said thirty first day of Decem- ber A. D. 1839 till the first Monday of June A. D. 1840
Section 10 That this ordinance be published three weeks succes- sively in the Providence Daily Journal, the Manufacturers and Farmers Journal and the Independent Inquirer
Passed Oct. 21 1839.
[City Council Records No. I, page 449.]
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[December 23, 1839.] An Ordinance in amendment of an Ordi- nance Entitled " An Ordinance in Relation to the Interment of the Dead."
Sec. I Be it ordained by the City Council of the City of Provi- dence That the returns required to be made by the Undertaker under the second section of said ordinance shall be made on the first instead of the last Wednesday of each month
Sec. 2. That the top of every coffin deposited in the ground may be three feet only below the usual surface Thereof instead of four feet as is required by the third section of said ordinance.
Sec. 3. That the time for the clerk of the Board of Health to make his report to said Board be the Monday next succeeding the first instead of the last Wednesday of each month as is required by the fourth section of said ordinance; and that the time prescribed in and by the same section of said ordinance for the Board of Health to prepare & publish an annual abstract of the returns made to them be extended to the second week in January in each year.
Section 4. That this ordinance be published three weeks succes- sively in all the newspapers in which city printing is contracted to be clone.
Passed December 23, 1839.
[City Council Records No. I, page 455.]
[December 23, 1839.] Upon the Several Petitions of Job Luther Joseph Eddy Ezra N. Samson Kingsley P. Studley Sally B. Comstock Almon D. Hodges William H. Townsend & Cornelius W. B. Bennett requesting leave to fence in and enclose burying lots sufficient for their respective families in the North Burial ground it is Resolved that the same be received and the prayers thereof severally granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose ; Provided the same be done under
[ 85 ]
the direction of the Overseer of the North Burial Ground with the sanc- tion of the Mayor and Provided also that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed Dec. 23d 1839.
[City Council Records No. I, page 456.]
[March 30, 1840.] Upon the several Petitions of George McCarty Joseph S. Cooke Charles W. Rhodes William Sabin Amey Sabin Alpheus Burges William Bradley and Augustus Stevens requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial ground it is resolved that the same be received and the prayers thereof severally granted and that said peti- tioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose Provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed March 30 1840.
[City Council Records No. I, page 472.]
[May 18, 1840.] Upon the several Petitions of Huldah S. Tripp John Wright Fanny Vaughan Edward S. Underwood John R. Dennis and William C. Millerd requesting leave to fence in & enclose burying lots sufficient for their respective families in the North burial ground it is resolved that the same be received and the prayers thereof severally granted and that said Petitioners be and they are hereby authorized to fence in & enclose such lots for such purpose Provided the same be done under the direction of the Overseer of the North Burial ground with the
[ 86 ]
sanction of the Mayor And Provided the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed May 18 1840.
[City Council Records No. I, page 475.]
[June 15, 1840.] Upon the several Petitions of Edward Hall Stanton Thurber Mary Earle William Earle Daniel L. Perry and John B. Earle requesting leave to fence in and enclose burying lots sufficient for their respective families in the North burial ground it is Resolved That the same be received and the prayer thereof granted and that said Petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose Provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed June 15 1840 [City Council Records No. I, page 500.]
[September 28, 1840.] Upon the Petition of Thomas Harkley Charles Greenwood1 Diana Bragg Philander White Nicholas C. Hill Edward S. Sheldon and David Crowley requesting leave to fence in and enclose burying lots sufficient for their respective families in the North Burial Ground it is Resolved That the same be received and the prayers thereof severally granted and that said petitioners be and they are hereby severally authorized to fence in and enclose such lots for such purpose provided the same be done under the direction of the overseer of the North Burial Ground with the sanction of the Mayor and pro-
1 Should be Grimwood
[ 87 ]
vided the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
Passed Sept 28th 1840. [City Council Records No. 2, pages II &. 12.]
[December 14, 1840.] Upon the several petitions of George W. Weeden Ebenezer Cary and Lewis F. Hubbard severally requesting leave to fence in and enclose burying lots in the North Burial Ground it is resolved that the same be received and the prayer thereof severally . granted and that said petitioners be and they are hereby authorized to fence in and enclose such lots for such purposes Provided the same be done under the direction of the Overseer of the North Burial Ground with the sanction of the Mayor and provided that the several privileges hereby granted shall be subject to all future regulations of the City Council in relation thereto and shall Continue during the pleasure of the City Council and no longer.
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