^TilJONVSOl^ %89AIN(13WV^ ^WtUNIVtKVA "^il/OJIlVJJO^^ "^^I/OJIIVJJO^ "^/^aaAiNnj^v^ ^OFCAIIFO;?^ ^OFCALIFOff^ ^\\\E UNIVERS/^ "^t^AavaaiH^ '^<7AavHani'^ ^ o SO "^/jaaAiNfl^v^ ^.OfCAllFOfiU;. ^OfCAlIFO%. ^^AHVuaniS^ ^lllBRARYQr -v>e.lllBRARYQr ^iSOJIlVDJO'^ ^ajllVJJO'^ A'rtMINIVERS/A "^JVlJDNVSOV^^ ^lOSANCflfj^ ^/SaIN(1-3WV^ ISANCnfj^j, c: so I ^OFCAIIFO/?^ .^.OfCAllFOff/fc, "^om^m^ >&Aavaan# AMEUNIVERSyA o "^AaaAiNflJwv** ^ 3 ^^^\E•^)NlvER% ^losAHCEier^ %J13AINI13WV^ ^lllBRARY/?/^ -^IIIBRARYQ^ ^3 S ^ S" c: „ _ . „ . CO > ^^laONYSOV^ m —J ■ ■ ■ — ni SO O •0/?,^ ^OFCAllFOMij^ .^wu^lvtlfv/v ^lu^/vmicuj^ l 5 "^TiljQWSOV^^ ^AMEUNIVERJ/^ I %a3AINn-3WV^ ni^ ^^Auvaan^- " v/ _lg ^# f aof \ vvlOSANCElfj-^ ^lUBRARY(?/r -jAlUBRARYQ^^ n"^ %a3AiNii3WV^ '^iJOjrnQjo'?^ '^tfojnvDJO^ g :i^l« %H1 if / i ^ h v Charter AND SPECIAL LAWS GOVERNING THE City of Providence. Ube lProv(^cnce iTtcss: Snow & Farnham, City Printers. 6.^ Washington Street. I9OI. 5S PREFACE. 18 571 8 OCT 10 »91(. Under authority of the City Council, by Resolution approved Feb- ruary 28, 1899, His Honor the Mayor appointed the undersigned to collect, arrange and revise the Ordinances of the City Council and the liules of the Board of Aldermen, and also to collect and arrange such of the Statutes of the State of Rhode Island as relate specially to the City of Providence, and to report in print. The Ordinances and the Rules have been published. The City Charter and Statutes are now published in a separate volume under the authority of the following Resolution of the City Council, approved December 22, 1899 ; and in accordance with the recommendations referred to therein : " Resolved, That the Commissioner appointed under Resolution No. 75, series of 1899, be and lie is hereby authorized and directed, in carrying out the provisions of said Resolution No. 75, to publish and bind the Special State Laws relating to the City, and the City Ordinances, and Rules of the Board of Aldermen, in accordance with the recommendations contained in his report submitted to the' City Council, November 20, 1899.'^ In collecting and arranging the Special Statutes in the present volume, it is the purpose of the Commissioner and his associate, Mr. Daniel F. Hayden, to submit, for the use of the City Council and of the department officers, a condensed manual of those statutes under authority of which the government of the City of Providence, as dis- tinguished from other municipalities, is administered. To this end, those statutes which lie within the leo-islation common to all cities and 2lOov'2 PREFACE. towDs of the State, and which are published in successive revisions of the public laws, are excluded. Likewise are excluded those statutes wdiich, though special, confer no powers, or no continuing powers : such as statutes merely establishing harbor lines, statutes annexing territory, and statutes authorizing an increase of the city debt. But statutes of this character are printed in full in all cases where powers Temain to be exercised. In reprinting the text of the statutes contained in this volume, every amending statute has been, so far as possible, incorporated in the amended statute, and where the effect of an amendment has been merely to eliminate certain words, the elimination is indicated by asterisks ; and where, in a few" instances, it has been expedient to change the phraseology, but not the meaning, of the amendment, the substituted words are inclosed in brackets. This method facilitates the reading of the law, w4iile the margmal references carefully note the authority for the changes m the text. Following the Index will be found a list of statutes relating to the City of Providence, wdiich have been passed during the legislative period of one hundred and four j-ears covered b}' this volume. This list contains memoranda of all the special statutes which are contained or referred to in the last publication of the statutes relating to the City, in January, 1887, and of all the special statutes passed by the General Assembly since that publication. This volume, then, contains the text of all special statutes which confer operative powers, and a memorandum of every statute that is a factor in determining the present form of all the operative statutes which relate specially to the City of Providence. Isaac H. Southwick, Jr., Commissioner. Providence, July 1, 1901. ANALYTICAL TABLE OF CONTENTS. Page. City Charter 1 to 1 9 Additional Fi.scal Powers 2() to 25 Registration of Bonds 20 Commissioners of Sinking Funds 20 State Tax Notes 21 Sale of City Bonds 22 Payment of Bonds and Notes in Gold 22 Unexpended Balances 23 Fees for Licenses and Commissions 28 Public Celebrations 24 Ajjplication of Sewer Assessments 25 Department of Public Works 26 to 45 Organization and General Powers 27 Assessments for Sewers 29 Sewer Connections Inside Curb-line 33 Use of Sewers 34 Water Works and Supply of Water 34 Bridges 39 Sidewalks 43 Police Department 40 to 70 Police Constables and City Watchmen 40 Regulation of Street Venders 49 Dealers in Junk and Second-hand Articles 51 Vagrants, Disorderly Persons and Drunkards 52 Animals Going at Large 57 Storage of Cotton Waste 59 Storage, Keeping and Sale of Fireworks 59 Storage, Safe Keeping and Transportation of Gunpowder. . 60 Storage of Lime 67 Piling of Lumber and Wood 67 Bootblacks, Newsboys and Street Venders 68 Civil Process Constables 69 CONTENTS. Page. FiKE Department 71 to 74 Presidents of Fire Department 71 Board of Fire Commissioners 72 Combustible Materials in Buildings 73 School Department 75 to 84 School Committee and their Powers 75 Taking of Land for School Purposes 79 Annual Appropriation for School Purposes 82 Teachers' Ketirement Fund 82 BuiLDii^Gs 85 to 128 Regulation of Steam Boilers 85 Construction of Buildings 88 Intention to Build 120 Shelters over Sidewalks 121 Fire Escapes 122 Elections 129 to 172 Board of Canvassers and .Registration 129 Report of Commission to Readjust Ward Lines 138 Political Coinmittees and Caucuses 148 Voting Machines 162 Franchises 173 to 211 Historical Notes Relative to Franchises 173 In Highways 178 Union Railroad Company 181 Providence Cable Tramway Company 187 Free Transfers 193 State Tax on Street Railways 197 Increase of Stock of Railway Companies 202 Narragansett Electric Lighting Company 203 Establishment and Regulation of Ferries 211 Harbor 212 to 228 Boundaries and Protection of the Public Waters .... 212 Harbor jMaster 218 Harbor Line from Dorrance Street to Sassafras Point 219 Harbor Lines between Fox Point and India Point 219 Harbor Improvement 224 Dorrance Street Wharf 225 Port Wardens 226 CONTENTS. Page . Hkalth 229 to 237 Prevention of Contagious and Infectious Diseases 229 Removal of Swill and House Offal 232 Superintendent and Deputy Superintendent 233 Inspector of Beef and Pork 234 Compulsory Connection with Sewers 235 Rhode Island Hospital 236 HiGHAVAYs 238 to 264 Certain Private Ways Established 238 Layout on Petition or by Consent of Parties 240 Grades of Platted Streets 242 Layout by Board of Aldermen. . . ^ 243 Layout by Commissioners of Estimate and Assessment 245 Abandonment of Highways 258 Planting of Shade Trees 259 Turting of Portions of Highways 260 Watering Streets 261 Street from Market Square to Prospect Street 263 Appropriation for HighAvay Purposes 264 Municipal Indebtedness 265 to 272 Water Supply Bonds 267 Sew^er Bonds 268 Highway Bonds 268 School Bonds 269 Park Bonds 270 Miscellaneous Loans 271 North Burial Ground 273 to 276 Undertakers 276 Parks and Purchase of Land for Parks 277 to 279 Plumbing ' 280 to 282 Public Administrator 283 to 285 Relief of Certain Officers 286 to 287 Index 289 to 395 List of Special Statutes 397 to 420 THE CITY CHARTER PROVIDENCE As Amended and Consolidated by Acts of the General Assembly from 1866 to 1900, inclusive. AN ACT TO REVISE, CONSOLIDATE AND AMEND THE ChaOter 598 ACT ENTITLED "AN ACT TO INCORPORATE THE CITY <,i .M.:.< h s, isor,. OF PROVIDENCE," AND THE SEVERAL ACTS IN AD- DITIOxN THERETO AND IN AMENDMENT THEREOF. Section 1. Incorporation of the inhabitants con- tinued ; city council to have powers of the inhabitants and may inflict penalties. 'I. Administration of City Government : city council defined. 3. Organization of City Government ; meetings in convention ; engage- ment in office. 4. Hoard of Aldermen ; President. 5. City clerk ; recorder of deeds and his deputy ; assessors of taxes ; city treasurer and his deputies ; superin- tendent of public buildings. 6. Common Council ; president and clerk ; procedure and quorum in either branch. 7. Powers and duties of the Mayor ; special meetings of the city coun- cil or of either branch ; veto power Section and messages of the mayor ; mayor may discontinue criminal actions. Powers of Mayor and Aldermen. Powers of City Council ; school taxes and appropriations ; election, duties, salaries and tenure of office of city officers ; legislative powers how ex- ercised ; financial management ; or- dinances ; city law department. Judicial powers. Municipal Court. Police Court. Municipal elections by the people. Election in 18GC. Expired. Management of the Dexter Donation property. Ordinances, rules and regulations continued. Repeal of previous statutes. Charter to take effect upon passage. // is enacted by the General Assembly as folloivs : SECTION I. Clause 1. The inhabitants of the city of Providence incorporation con- shall continue to be a body politic and corporate by the ""'^ ' Act of 18G8, Ch. 719, 2 CITY CHARTER. name of the City of Providence ; and as such shall con- tinue to have, exercise and enjoy all the rights, immunities, Powers. powers, privileges and franchises, and shall be subject to all the duties and obligations, now incumbent on or apper- taining to said city as a municipal corporation, or by virtue of the laws of this state, so far as the same shall not be altered by this act or by any acts in amendment hereof. They may ordain and publish such laws, ordinances and regula- tions as shall be needful to the good order of the said body politic, and may inflict fines and penalties for the breach thereof, not exceeding, for any one offence, two hundred dollars, and six months' imprisonment ; and they may hold courts of judicature, with the powers and jurisdictions here- inafter provided. ,,. ., . , The city council of said city shall have, possess and ex- City council is to -' -' ' i have powers of in- gj-^ise all the powcrs vcstcd by law in the inhabitants or habitants or freemen. ^ J freemen of said Providence, and the town council thereof, Sec. 1. excepting such as are by law conferred upon the board of aldermen, or on some other of the officers of said city, and such as are conferred upon the freemen of said city by clause one, section fifteen, of this act. City council may "^^^^ ^''^y couucil of Said city shall havc power to punish viXtl^nof"dtTi^a%vs'. ^"Y violation of any of the provisions of any of the ordi- Act of 1868 Ch 7ii> nanccs, by-laws and regulations of said city by fines, penal- Sec. 2. jjgj, Qj. iniprisonment for any breach thereof, not exceeding for any one offence two hundred dollars, or by imprison- ment not exceeding six months. SECTION II. Administration of CLAUSE 1. The administration of all the fiscal, pruden- city government, ^j^j ^^^^j municipal affairs of said city, with the conduct and government thereof, shall be vested in one principal officer jviay^,,. to be styled the mayor ; one council of ten persons to be Aldermen. Styled the aldermen ; and one council of forty persons Common Council, to bc stylcd the coiiimon council ; together with such other Act of 1000, Ch. im, magistrates or officers as are hereinafter specified, or by the laws of this state or the ordinances of the said city are, or Other oflficers. hereafter may be, authorized or prescribed. CITY CHARTER. 3 Clause '2. The mayor, aldermen, and common council, city council defined. n their joint capacity, shall be styled the city council. SECTION III. Clause 1. The mayor, aldermen, and common council, organization of city chosen as is hereinafter provided, shall meet in conven- tion on the first Monday of January in each year for the v.t of isis, ch. an purpose of entering upon the duties of their respective offices for such year, and for the election of all such officers as are now by law, or by this act or any subsequent act may be, made elective by the city council. At such meeting, and at all meetings of the city council in convention, the mayor convention. shall preside, but shall have only a casting vote. Clause '2. They shall, before entering upon the duties of their offices, be first severally sworn or affirmed to the faithful discharge of the same, and to the support of the constitution and laws of this state, and of the constitution of the United States, in the form and manner provided for by the laws of this state. The mayor shall first be duly en- gaged ; and he shall then receive their certificates of election from the me^nbers elect to either board, who have not already presented the same, and shall administer the same oath or affirmation severally to all such as shall not have been already thus engaged. Engagement in office. Credentials. SECTION IV. Clause 1. The mayor and aldermen shall compose one board, and shall sit and act together as one body ; at all meetings whereof the mayor shall preside, but shall have only a casting vote. Clause 2. Said board shall annually, and immediately after its organization as a board, elect one of its number president of .said board, who shall hold said appointment during the current municipal year. Clause 3. The president thus chosen shall, in the ab- sence of the mayor, preside over said board, and also at the meetings of the city council in convention ; and in the ab- sence of the mayor from the city, or in case of his death or Board of A Iderm e n , Act of 186C, Ch. 599. President, his elec- tion and his term of office. President, his powers. CITY CHARTER. President pro tempore. Act of 1879, Ch .Sec. 1. disability, he sliall exercise for the time being all the pow- ers and duties of the mayor. And in the absence from the city of both the mayor and the president of the board of aldermen, or in case of the death or disability of both of said officers, the board of aldermen may elect a president pro tempore who shall per- form the duties and exercise the powers of the mayor during such absence, or while the vacancy caused by such deaths or disability shall continue. SECTION V Clause 1. The city council in convention shall elect an- Actof 1873, Ch. .'ill, nually, on the first Monday of January, an officer to be City clerk. Sec. 4. General duties of city clerk. be clerk of board of aldermen. To keep record of all money* received. Recorder of deeds. Act of 187.3, Cli. .'ill, Sec. 4. Styled the city clerk. Clause 2. Said city clerk shall perform all such duties as may be prescribed by the city council, or by the board of aldermen, and, in addition thereto and to the duties pre- scribed by this act, he shall discharge the' duties and exer- cise the powers by law incumbent upon or vested in town clerks, excepting such as regard matters of probate, such as pertain to the office and duties of city registrar, and such as regard the recording of conveyances and other instruments required by law to be recorded. Clause 3. He shall act as clerk of the board of alder- men ; shall keep a journal of the acts and proceedings of said board ; and shall deliver over all journals, books and papers entrusted to him, as such city clerk, to his successor in office, immediately upon his successor being chosen and qualified according to law. Clause 4. He shall keep an accurate record of all fees or moneys received by him, from whatever source, in a book to be kept for that purpose by him, which shall be at all times open for inspection by any member of the city council. Clause 5. The city council in convention shall elect annually, on the first Monday in January, an officer to be styled the recorder of deeds, who shall perform all the duties and exercise the powers by law incumbent upon or vested in the city clerk of said city, or the town clerks of CITY CHARTER. Deputy recorder of deeds. Act (if 1885, Ch. 5-28. .Assessors of taxes. Act of 1886, Ch. 68.1. the .several towns, so far only as the same regard the record- ing of conveyances and other instruments required by law to be recorded, and the furnishing of certificates or copies thereof. In addition thereto, he shall perform all such other duties regarding the transfer of real and personal estate in said city as the city council may from time to time prescribe. In case of the sickness, absence from the city of Provi- dence, or other inability to serve of the recorder of deeds of said city, the mayor thereof may appoint some person to be styled deputy recorder of deeds in said city, who may perform the duties of said recorder of deeds during the sick- ness, absence or other inability of said recorder of deeds as aforesaid, unless removed from ofhce as hereinafter pro- vided. And the acts of said deputy in the performance of said duties shall have the same effect as if performed by said recorder of deeds. Said deputy recorder of deeds may at any time be removed from ofifice by said mayor. Clause 6. The city council in convention shall also elect annually, on the first Monday of February, one assessor of taxes for said city, who shall hold his office for the term of three years ; and to this end the said city council shall, in the month of June A. D., 1886, in convention, choose three assessors of taxes, one to serve for three years, one to serve for two years, and one to serve for one year, from the first Monday in February, A. D. 1880 ; and shall annually thereafter elect one assessor as hereinbefore provided. Said assessors so chosen shall constitute the board of assess- ors of taxes for the city of Providence. When the board of assessors of the city of Providence Assessment to be , ,, , 111 r 1 r delivered to the city shall have completed the assessment of any tax hereafter treasurer. ordered by the city council of said city, it shall be the duty Act ot isti, ch. 922, of said assessors to sign and deliver a certified copy of said assessment to the city treasurer of said city, » * * collection of ta.xes. and said city treasurer shall proceed to collect said tax at the time and in the manner provided by law and by order of said city council. The city treasurer of the city of Providence shall per- Collector of taxes. form all the duties and exercise all the powers which by ^ct of isti, ch. 922, law are imposed upon and vested in collectors of taxes. " '^'^' ' CITY CHARTER. Deputies of city treasurer. Act of 1868, Cb. 735 Sec. 4. Salaries of city treas- urer and liis deputies. Act of 1808, Cli. Sec. 5. Superintendent of public buildings. Act of l.STl, Ch. 94-.', Sec. '2. Common Council. Council clerk. N'eai and n»v3. Said city treasurer is hereby authorized to appoint as many deputies as may be necessary for his assistance in the due performance of the duties of his office. Each such deputy shall, before entering upon the duties .of his office, be approved by the city council of said city, and shall be sworn and give bond, with sufficient sureties satis- factory to the board of aldermen of said city, for the faithful performance of the duties of his office, as such deputy; and said city treasurer shall be at all times responsible to said city for the faithful performance of their duties by each and all of his said deputies, and said treasurer may discharge any of the said deputies in his discretion. The city council shall fix the salary for said city treas- urer, and a salary or compensation for each of said depu- ties, and such salary or compensation shall be in full recom- pense and satisfaction for all their services. * * * 'phg superintendent of public buildings of said city of Providence shall be elected by the said city council, in convention of the two branches, in the month of January in each year. * * * SECTION VI. Clause 1. The persons chosen and qualified as mem- bers of the common council of said city shall sit and act to- gether as a separate body, distinct from the board of alder- men ; except in those cases in which the two bodies are to meet in convention. Clause 2. The common council shall annually choose one of their members as president ; and shall also choose a clerk, who shall be sworn to the faithful discharge of the duties of his office. He shall attend the council when in session ; keep a journal of its acts, votes and proceedings ; and perform such other services in his said capacity as the council may require. Clause 3. The yeas and nays of the members of either board, on any question, shall be entered on the journal of such board ; if the common council, by the desire of one fifth of the members present ; if the board of aldermen, liy (he desire of any member of said board. CITY CHARTER. Procedure. Elections .Act of 188'.>, Cli. -"JT Quorum. Mayor. His salary. Clausk. 4. Each board may determine the rule.s of its proceedings ; judge of the election of its own members ; and in case of * * * vacancy by death, resignation, absence or disability, or howsoever otherwise said vacancy may have occurred, may order new elections. Clause 5. A quorum for the transaction of business shall consist in each board of a majority of the members thereof. SECTION VII. Clause 1. The mayor of said city shall be the chief executive officer thereof, and shall be ex-ofificio a justice of the peace within the city ; he shall be compensated for his services by a salary to be fixed by the city council, and shall receive no other compensation or emolument what- ever. Clause 2. It shall be his duty to b'e at all times vigilant His duty to enforc* the laws. and active in causing the laws to be executed and enforced; and in order to enable him more effectually to preserve the peace and good order of the city, all the powers given to sheriffs and other officers by chapter two hundred and thirteen of the Revised Statutes, " Of offences against the public peace and property," are hereby conferred upon him. Clause 3. He is also empowered to commit to prison for purposes of prosecution, and for a term not exceeding twenty-four hours, any dissolute person or persons who may be detected in revelling in the streets, committing any mis- chief, quarrelling or otherwise behaving in a disorderly manner, to the disturbance of the peaceable inhabitants of the city. He is also empowered to enter any house or building which he has reasonable cause to suspect to be in- habited by persons of ill-fame, or to which persons of disso- lute, idle, or disorderly character are suspected of resorting; and if any such persons are found assembled in or about any such house or building, he shall command all such per- sons immediately to disperse if, in his opinion, the good order of any portion of the city require it : and in case of neglect or refusal to obey such command, he is hereby au- thorized to commit any person or persons so disobeying to His police powers 8 CITY CHARTER. prison, for purposes of prosecution, and for a term not ex- ceeding twenty-four hours, and if need be, he may require the aid of any sheriff, deputy sheriff, city sergeant, constable or poUce or other peace officer, or all of them, together with such other aid as may be necessary. Supervision of subor- CLAUSE 4. He shall iuspect the conduct of subordinate dmate o cers. officers, and causc all negligence, carelessness and violation of duty to be duly prosecuted and punished. Special meetings. Clause 5, Whenever in his judgment the good of the city shall require, he may call meetings of the city council, or of either board thereof, although any of such bodies may have adjourned to a more distant day. Communications. Clause 6. He shall, from time to time, communicate to both branches of the city council all such information, and recommend all such measures, as the business and interests of the city may in his opinion require. Veto power. Clause 7. Evcry Ordinance, resolution or vote, to which the concurrence of the common council and the board of aldermen may be necessary, except on a question of ad- journment, shall be presented to the mayor. If he approve, he shall sign it; but if not, he shall return it to the board in which it originated, with his objections ; and if it shall then pass such board by a vote of three fifths of all the per- sons elected thereto, it shall be sent, together with such ob- jections, to the other board; and if approved by a similar majority of that board, it shall become a law. If any bill shall not be returned by the mayor before the end of the Lapse of time. meeting holden next after the lapse of ten days subsequent Actof 1879, cii. 744, to the presentation of the bill to him, the same shall be Sec 'I. a law in like manner as if he had signed it. Powers of mayor CLAUSE 8. The mayor shall also continue to exercise all under the house of , . , i • i , .-.i i ,, . correction acts. the powcrs uow Conferred upon him by an act entitled "An act to authorize the city of Providence to establish a house of correction, and for other purposes," and by all acts in addition thereto or in amendment thereof. Discontinuance of CLAUSE 9. He shall also havc powcr to discontinue all actions brought on behalf of the city by any officer for the violation of any of the ordinances of the city ; and to Di.tharge of defend- order the discharge of the parties complained against, as CITY CHARTER. well before as after conviction in such action, whenever in his judgment it is best for the interest of the city so to do. SECTION VIII inpn shall pvprrisf fhp Powt aldermen. Clause 1. The mavor and aldermen shall exercise the i^^wers of mayor and ^ ^ aldermen. executive powers of said city generally, and the administra- tion of police; together with such other powers as now are, or hereafter may be, conferred upon them by the laws of this state or by the ordinances of the city council. SECTION IX. Clause 1. The city council of said city shall have power cuy council powcLs. to make laws, ordinances and regulations for the govern- ment of said city, relative to — the erection, establishment and regulation of public markets and market places, and to the trade thereof — to the streets, sidewalks and highways of said city, and to the ordering of the same to be made, and to mending, paving, cleaning and lighting the same — to hackney carriages, trucks, carts and other vehicles, and licensing and regulating the same — to nuisances within the limits of said city, their prevention and removal — to landing places, wharves, the anchoring and mooring of vessels, and to injuries and encroachments upon the river and harbor — to trees planted for use, ornament or shade — to public walks and buildings — to chimneys and the clean- ing thereof — to fire-engines, to the fire department of said city, and the protection of said city from fires — to the police department, and the security of the city from riotous and disorderly persons — to taverns, cook-shops, oyster- houses, and all places of entertainment — to the assize of bread — to public shows, entertainments, exhibitions and spectacles, and the licensing or prohibition thereof — to the construction, use and regulation of theatres, and all public places of amusement — to the public health — -to public burying grounds, and the burial of the dead — to foot or sidewalks in the streets, and to posts, gutters, drains, signs, steps, cellar-doors, windows and lamps therein. 10 CITY CHARTER. Penalties. Clause 2. Said cit}' council shall also have the power to inflict penalties for the breach of any of such ordinances : provided, that such ordinances shall not be contrary to the laws of this state, and that nothing herein contained shall be construed to exempt offenders from the punishment or penalty already prescribed by the laws of this state for any of the offences herein described. All penalties provided for by any ordinance of said city shall be forfeited to the use of said city, or to such persons and uses as shall be by such ordinances described, and they may be sued for and re- covered in any court of competent jurisdiction. Lounging on bridges. Said city couucil is hereby authorized and empowered ,, „ „ „, , to make ordinances prohibiting lounging upon any bridge Act of lS«i, Cli. 354. ^ * b fc> r : fc. within the limits of said city, and regulating the pas- sage of vehicles and persons over, and the passage of vessels through, any drawbridge within the limits of said city ; and to impose fines for the violation of such ordi- nances. Sale of lost or stolen * * * Said city council may make laws, ordinances, regulations and orders * * * relative to the sale or Act of 1875, cii. .Wi. other disposition of lost or stolen property, or property long unclaimed, which has been found, recovered or otherwise come into the possession, charge or control of the police force of said city of Providence, and to use, devote or apply the proceeds thereof to such purpose or purposes as said city council may deem proper or by ordinance determine. Electric vvires. * * * Said city couucil may make laws, ordinances, Act of 1880 cii S04 regulations and orders relative to the putting up, laying, use and maintenance of telegraph and other wires and appurte- nances thereto under and over the highways, streets, side- walks, and buildings with the consent of the owners thereof, within the city limits, and prescribing the conditions there- of; and may also by ordinance, resolution or order, at any time and from time to time, remove any and all telegraph and other wires and the appurtenances thereto now put up, laid, used or maintained, or which may hereafter be put up, laid, used or maintained, within said city limits, which it may deem dangerous to the city or to property, whether from fire or other causes, or which in its opinion may inter- CITY CHARTER. 11 fere with the means for notice of fire, or precautions against fire, now provided or which may hereafter be provided by said city. Clause 8. The citv council shall also have power to school taxes and * appropriations. assess and collect taxes, from time to time, in the same manner as other city taxes are assessed and collected, and to appropriate the same ; to establish and maintain free schools therein, and to defray the expenses incident thereto. Clause 4. The city council shall have power to appoint cwef of police. * * * triennially from and after the first Monday in Act of 1889, ch. 776. January A. D., 1890, an officer to be styled the chief of police, and to prescribe his duties and fix his compensation ; and also to appoint, from time to time, all such other officers Other officer*, as may be needful or proper to carry into execution the powers or laws of said city, unless the appointment of such officers be prohibited by law ; and also to define the duties and fix the compensation of all officers of said city. Clause o. The city council shall have power to provide saianes, instead of - ,, . r -It ■. rr ^- compensation by fees. for the compensation of all city officers, or persons acting as such, by establishing a salary, payable at stated periods, in all cases where by law such officers or persons now are or hereafter may be empowered to demand and receive fees for services rendered by them : and in every case where such salary shall be so established by the city council, it shall be in full compensation for all duties performed by such officer or person, and every such officer or person shall collect all fees legally demandable by him, shall keep an accurate record thereof, and shall pay over to the city treas- urer, once in each quarter of the year, all moneys thus re- ceived by him, and shall at the same time hand in to the city treasurer a schedule of such receipts sworn to by him- self. The city council is hereby authorized to provide by ordi- Return of fees, nance, that all officers of said city receiving- fees or moneys , ^ ,,,,„ ^,^ ..„ ' J ty J Act of 1872, Ch. 9(8. on account of the city shall make return to the city treas- urer of such fees and moneys at such time as the ci^y council shall prescribe. Clauses 6 and 7. The city council may by ordinance Salaries, how fixed, fix the salaries of city officers for the municipal year end- Actofi894.ch.!i334. 12 CITY CHARTER. ing on the first Monday of January, 1878, and the salaries so fixed shall continue in force until changed by ordinance : provided, however, that after said first Monday of January, 1878, the salary of no such officer shall be increased or diminished to take effect during the municipal year in which such increase or diminution is made. Term of office. CLAUSE 8. Unless whcrc by this act a different term of ofiice is provided for, all officers of the city shall be elected annually, and shall hold their respective offices during the current municipal year for which they were elected, or until Vacancy to be filled their successors are chosen and duly qualified. All vacan- for unexpired term. cies, unless herein otherwise directed, shall be supplied for the current municipal year. Removal from office. CLAUSE 9. The city couucil may by a concurrent vote, two thirds of the members elected to either board voting in the affirmative, remove all officers for misconduct or in- capacity. Power to fill vacancy CLAUSE 10. They shall also have power to fill all vacan- in what offices. . . . ^ . ^ , . . , -_ cies, arismg from any cause, in any of the municipal oifices of said city, except those of mayor, aldermen and com- mon councilmen, until the next regular election of such officers. * * * Legislative powers, CLAUSE 11. All the powcrs vested in the said city how exercised. i ,i , • i i council by this act shall be exercised by concurrent vote. Election of officers, each board to have a negative upon the other; but all elec- how conducted. . . • i i i i tions of officers, unless otherwise provided by law, shall be had in convention of the two boards, and whenever required by any member of the convention shall be by ballot. Salaries of aldermen CLAUSE 12. Each alderman, and each member of the and councilmen. -i i n • r i • • i common council, shall receive for his services an annual salary to be fixed by the city council, and shall receive no other emolument or compensation whatever; and no mem- ber of either board shall be eligible to any office of profit within the gift of the city council during the continuance of such membership. Responsibility /or CLAUSE 13. The city council shall take care that moneys finances and properly , ,, , ■ i <■ i i ^ i of the city. shall not be paid from the treasury unless granted or ap- propriated ; they shall secure a just and proper account- official bonds. ability by requiring bond with sufficient penalty and sureties CITY CHARTER. 13 from all persons entrusted with the receipts, custody and disbursements of moneys; and shall fix the bonds of all officers of said city, and in such amounts as they shall see fit. They shall have the care and superintendence of the city buildings and the custody and management of all city cMty property. property, with power to let or sell what may be legally let or sold, and to purchase and take in the name of the city such real and personal property as they may think useful to the public interest. No committee or commission appointed by the city Vouciiers. council, or either branch thereof, shall draw any money Act of 1x79, ch. 7-14, from the city treasury on account of any appropriation until the vouchers for which the expenditure is required shall be deposited with the city auditor, or such other officer as may be prescribed by ordinance. Clause 14. All taxes ordered to be assessed by the city Taxation. council, or by the general assembly, shall be assessed, ap- portioned and collected according to the laws of this state; and the city council shall, as often as once in each year, KxpenJiturcs. cause to be published for the information of the citizens a particular account of receipts and expenditures, and a schedule of the city property. Clause 15. All ordinances and regulations made and Ordinance? to be publislied. passed by said city council, and all rules and regulations passed by the board of aldermen, shall be published by the city clerk in such newspapers and for such length of time as said council and said board of aldermen shall respectively direct; and in default of such direction, they shall be pub- lished by him in at least one daily newspaper of said city and during at least three days. Clause 1G. No ordinance of the city council shall be Form of amendment. repealed, altered or amended, otherwise than by ordinance Act ot issi, ch. i^sc. in due form repealing, altering or amending the same. Said city council may by ordinance establish a law Law department. department of the city government, and regulate the Act ot i87-i, ch. 408. same from time to time, fixing the officers of which such department shall consist, their terms of office, their respective duties and their compensation. The officers of the law department shall be elected by the city council by 14 CITY CHARTER. concurrent vote, or appointed in such manner and at such times as the city council shall by ordinance prescribe. SECTION X. Judicial powers. CLAUSE 1. The judicial powers herein granted or con- tinued to said city shall be exercised by two courts, one to be styled the municipal court, and the other the police court; and each of said courts may punish for contempt by fine and imprisonment. SECTION XL ■ Municipal Court. CLAUSE 1. The municipal court shall be the court of Actof 1896, ch. 371, probate for the city of Providence; it shall be holden by one judge, to be appointed by the city council, who shall hold regular terms at such times and in such place in said city as may be appointed by ordinance of the city council, and may adjourn his court from time to time; and in case of his sickness or absence, the clerk of said court, who shall also be appointed by said city council, may adjourn the same to such time as may be necessary on that account. Court fees. CLAUSE 2. All fccs allowed by law in said court shall be Act of 1896, Ch. .371, taxed and collected by the clerk thereof, and shall be paid over by him to the city treasurer, accompanied by a sworn statement thereof, in accordance with the. provisions of this act or any amendment hereof. Clause 3. It shall be lawful for said judge so to vary the forms of all writs or other process, as to make the the same consistent with the organization, style and juris- diction of said court ; and such writs and process shall have the same effect, validity and extent, and be served, obeyed, enforced and returned, in the same manner and by the same officers, as are the writs and process from the com- mon pleas division of the supreme court and from probate courts ; and they may also be served by any constables of said city who are authorized to serve civil process. Clause 4. The said judge shall cause records of the Writs and other process. Act of 1896, Ch. 37: Sec. 1. Clerk's records." Act of 1896, Ch. .371, proceedings, judgments, orders and decrees of said court Sec. 1. to be kept by the clerk thereof. CITY CHARTER. 15 Clause 5. If said judge shall be personally interested Procedure in case .... . of disqualification of or related within the ninth degree to a party in any cause judge or clerk. in said court, and if any party in such cause shall object to Act of 1896, cii. 37i, him on that account, the mayor and aldermen shall appoint one of the aldermen to constitute said court and act as municipal judge in that cause, who shall have the same power as the municipal judge. In case the clerk of said court shall be a party in any writ or process therein, such writ or process shall be signed by the judge thereof. Clause (J. In case of the sickness, absence from the Procedure in case ,.,.,. , . , . , . 1 °^ inability of tlie City, or other inability to serve, of said judge, excepting only judge. inability resulting from the causes specifically mentioned in Act of isoo, ch. sti, Sec. 1 . the preceding clause, the mayor may appoint some person to be styled acting judge of the municipal court, who may perform the duties of said judge during the sickness, absence or other inability of said judge, as aforesaid, unless removed from office as hereinafter provided ; and the acts of said acting judge in the performance of said duties shall have the same effect as if performed by said judge of the municipal court. Said acting judge shall receive a com- mission, and shall qualify thereunder as provided for other officers of said city, and may at any time be removed from office by the mayor. SECTION XII. Clause 1. The police court shall consist of so many of Police Court. the justices of the peace of said city, not exceeding three. Act of isoc, ch. sti, as shall be annually elected by concurrent vote of the city council, or oftener in case of vacancy ; and all the juris- diction, power and authority of said court shall be vested in any one justice thereof. Clause 2. Said court shall be considered to be in ses- Sessions. sion at all times, and at such place or places in said city as the said court or the justice holding the same shall appoint. sec. 2. Clause 3. Said court shall have original jurisdiction of jurisdiction, all offences against the act entitled "An act to authorize the City of Providence to establish a house of correction, and ^"^"^ fec.'2^^'"^^^' for other purposes," and all acts in amendment thereof, and of all offences against the ordinances, by-laws, rules 16 CITY CHARTER. and regulations of the freemen of the town of Providence, of the town council of said town, of the city council of said city, and of the board of aldermen of said city, where the fine, penalty, pecuniary forfeiture, forfeiture of personal prop- erty, punishment or imprisonment, for any one offence shall not exceed two hundred dollars and six months imprison- ment, or two hundred dollars in value. The proceedings in all cases in said court shall be commenced by complaint and warrant; and all said fines, penalties, pecuniary forfeitures, forfeitures of personal property, punishments and imprison- ments, may be prosecuted for, recovered and imposed on complaint and warrant before said court, and on appeal therefrom before any proper court in any appellate pro- ceedings. „ , . , . Clause 4. Said court shall keep a regular docket of all Uocket and lecora. t^ o Act of 189G ch 371 ^^^^^ therein, shall record its judgments, orders and sen- Sec. 2. tences, and furnish certified copies thereof when required ; for which copies it shall receive the same fees as are by law allowed to clerks of the common pleas division of the supreme court. Summary proceed- CLAUSE 5. Said court shall liave power to issue writs i"K3- Qf summons for witnesses, and compel their attend- Act of ^soG.^ch. 3ii, ance, and to punish for contempt by a fine not exceeding twenty dollars, or by imprisonment not exceeding ten. days. Said court may also issue writs of habeas coj-pus ad testifican- diitu, and may commit to the Providence county jail, house of correction, or state reform school, and, upon continuance of any complaint or proceeding before it, may take recog- nizance to the state, with surety or sureties, in such sum as said court shall think proper, with condition to appear before said court and make further answer to such com- plaint or proceeding, and in the meantime to keep the peace ; and in want thereof may commit to the Providence county jail or to the state reform school, until such recognizance shall be given, or the parties be lawfully discharged there- from. Form ami service of CLAUSE 6. It shall be lawful for anv iustice of said process. ■' ■' court SO to prescribe and vary the form of all complaints, Act of IHHC, Ch. :!71, . , " , , Sec. '2. warrants, writs, or other process, as to make the same CITY CHARTER. 17 Appeals. Act of 189G, Ch. 371, Sec. 2. consistent with the organization, style and jurisdiction of said court ; and such complaints, warrants, writs and other process shall have the same effect, validity and extent, and be served, obeyed, enforced and returned in the same manner and by the same officers, as if issued from the com- mon pleas division of the supreme court ; and they may also be served by any constables of said city who are authorized to serve process in civil or criminal cases. Clause 7. Every person aggrieved by any sentence of said police court may appeal from such sentence to the common pleas division of the supreme court in Providence county, in the same manner and with the same procedure, and such appeal shall be disposed of in said common pleas division in like manner, as is prescribed in the case of appeals in criminal cases from the sentence of any district court. Clause 8. Costs taxed by the said police court shall be the same as those taxed by district courts, and the payment Act of isoo, cii. .^;i, Sec 2 of the costs shall be a part of the sentence. Clause 9. All moneys derived from such appeals. Fines and costs on whether for fine and costs, or otherwise, including costs ^'^^'^^ ' ,..,,. ^ , , , , ,, Act of 1896, Ch. 371 imposed in said police court on such appealed cases, shall Sec. 2. be paid over and disposed of in like manner as moneys, obtained in cases of appeal from district courts to said com- mon pleas division in criminal cases, are paid over and disposed of. Costs. SECTION XIII. Clause 1. [The provisions of this clause for division by the Division of City into city council of the city into wards have been superseded; commis- waids. sions authorized by the General Asseinbly having divided the city into ten wards, the last division being made August 14, 1900, under Chapter 978, of June 13, 1900.] Clause 2. * * * The city clerk shall give notice in at least one of the newspapers printed in said city of the times and places of all ward meetings. Clauses o, 4 and 5. The qualified voters of each ward in the City of Providence shall on the Tuesday next after the first Monday of November in each year give in their votes in 3 Notice of ward meetings. Klection of aldermen and councilmen. Act of 189. Reports on bridges. G. Salaries, how paid. 7. Commissioner's secretary and his salary. 8. Employees and their compensation. Section '2. Sewers and drains. 3. Pawtuxet water; sewer assessments. 4. Sewer assessments, how to be made. Section 5. Re-assessment for sewers. C. Right to connect with sewers. 7. .Sewer assessments to be a lien on estates ; when and how payable. 8. Discount for anticipated payments of sewer assessments. 9. Interest and expenses on delinquent payment of sewer assessments. 10. Highway powers of commissioner. 11. Construction of public works under ordinances of city council. 12. Commissioner's official bond. 13. Offices of highway and water com- missioners abolished. 14. Inconsistent acts repealed. 15. Operative clause. DEPARTMENT OF PUBLIC WORKS. 27 // t's enactCil by iJic General Assetiibly as folhnvs : Section I. The mayor of the city of Providence shall, commissioner of in the month of February, 1891, and triennially thereafter in '^" "^ ^^""^ ^' . . . . Act of 1890, Ch. 809, the month of February, appoint a commissioner of pubhc See i. works for the city of Providence, which appointment shall be approved by the board of aldermen of said city. Said com- missioner shall hold his office for the term of three years from the first Monday in March following his appointment and until his successor is appointed and qualified. The city council of said city may from time to time in Hissaiar- its discretion, fix, change, alter and regulate by ordinance ^ct of isss ch f.TT the salary or compensation of the commissioner of public Sec. 3. works. The commissioner of public works for the city of Provi- „ ^ ^ ,• i^ J ^ Powers and duties. dence now in office, and those hereafter to be appointed, ^^, ^j ^^^^ ^.,, 3,59 shall have all the authority, power and duties vested in and See. 2. conferred upon the board of public works by this act and the acts in amendment thereof, and in addition thereto ; shall have charge of the construction, maintenance and re- pairs of all public bridges in the city of Providence. He Bridees shall also have control of the engineering department of Engineering. said city, and shall annually on the first Monday of May in each year appoint a city engineer of the city of Providence, and from time to time such subordinate engineers and as- sistants as he may deem necessary, all of whom shall per- form such duties as may be required by said commissioner. The city engineer of the city of Providence, and the sub- _ _ Tenure of office of ordinate engineers and assistants appointed by the commis- city engineer and his _ ■' assistants. sioner of public works, shall hold their offices durins: the ^ ' ^ Act of 1890, Ch. 8G0,. pleasure of said commissioner, but not exceeding his term Sec 3. of office. Said city engineer and said subordinate engineers and assistants shall receive salaries to be fixed bv said com- , . ' Salaries. missioner, subject to the approval of the board of alder- men of said city. The commissioner of public works shall annually and ■' Repoits on bridges. oftener if, in his opinion, it shall be necessary, or if re- , ,„„„ , ,„ ' "^ ' ■" Act of 1890, Ch. 8G9, quired so to do by either branch of the city council, make a See. 4. careful examination of any or all the public bridges afore- City Engineer. salary. Act of 1889, Ch. 813. 28 DEPARTMENT OF PUBLIC WORKS. said, and shall make to that branch of the city council re- questing the same such reports respecting the condition thereof as to safety and need of repair, or renewal, as in his judgment may be required. The commissioner of public works shall make a written or printed report to the city council in the month of January in each year, stating the condition of all bridges in the city, or for which the city is in any way responsible, and shall also with such report present an estimate of the probable cost of repairs upon each of the same for the ensuing year. Salaries, how paid. The city treasurer of the city of Providence shall pay to Act of 1890, cii. 8G9, the Said officers hereinbefore named, monthly, the several compensations herein provided for. Secretary and iiis The commissioncr of public works of the city of Provi- dence is hereby authorized to employ a secretary and fix his compensation at a sum not to exceed three thousand dol- lars annually. The city treasurer of said city shall pay to the secretary employed as aforesaid, monthly, the compen- sation fixed by the said commissioner, but not to exceed three thousand dollars annually. Employees, The Commissioner of public works of the city of Provi- Act of 1885, cii. 530. dcucc may employ such agents and servants as he may deem necessary and agree with them for their compen- sation : provided, however, that said commissioner shall not authorize the payment to any of his agents or servants of compensation in excess of the sum of one thousand dollars per annum, unless such compensation shall have first been approved by the city council of said city ; and provided further, that the aggregate amount paid for such compensa- tion shall not exceed the amount appropriated therefor by said city council ; which said compensation shall be paid out of the city treasury. Sewers and drains. Sec. 2. The commissioncr of public works shall have, Act of 1880, cii. 815, subjcct to the control of the city council, the general charge and management of the construction, reparation and mainten- ance of all common sewers and drains, whether laid in pub- lic streets or through private property. Pawtuxet water. Sec. 8. The Said city council may by ordinance confer Act of 1880, cii. 815, upon Said board all the authority conferred upon and DEPARTMENT OF PUBLIC WORKS. 29 given to said city by Chapter 640 of the statutes, passed Jan- uary session, 1866 : also, said commissioner shall have the power to make all assessments authorized to be made under the provisions of Chapters 807, passed January session, 1869, and 981, passed January session, 1871, of the statutes, and of Chapter 818 of the public laws, passed January session 1873, and the several acts in amendment thereof, and under the provisions of this act, for the payment of the costs of the construction of sewers already built, or which may be here- after built, under the provisions of said chapters or this act. Sec 4. All such assessments shall be made upon estates abutting upon that portion of any street or highway in which any sewer has been or may be constructed under the pro- vision of said chapters and of this act, at the rate of sixty cents for each front foot of such estate upon such street or highway, and one cent for each square foot of such estates between such street or highway and a line not exceeding one hundred and fifty feet distant from and parallel with the line of such street or highway : provided, however, that where any estate is situated between two streets or highways, the area upon which said assessment of one cent per square foot is made shall not extend to more than one half the dis- tance between such streets or highways ; and provided a/so, that when any estate is situated at the corner of two streets or highways, or otherwise so situated as to be assessed for the expenses of making a sewer on one of such streets or highways, that portion of such estate assessed for a sewer in one of such streets or highways shall not be Hable to be as- sessed upon its area for the cost of constructing a sewer in the other of such streets or highways, but only for its front- age upon such streets ; and provided also, that no estate or portion of estate shall be assessed for the construction of any sewer, unless such estate or some portion thereof shall abut and be bounded upon the street on which said sewer shall have been constructed, or unless such estate has a right of access to said street or highway by a private gangway. Sec. 0. Any land or estate which has been heretofore assessed for a sewer tax the collection of which has been [Conferred by ordi- nance, December 19, 1884, and now exer- cised by the commis- sioner.] Sewer assessments. Sewer assessments, how to be made. Actof 1880, Ch. 81.5 Sec. i. Rate of assessment. Area between streets. Assessment for more than one sewer. Exemption from assessment. Re-assessment. Act of 1880, Ch. 815, Sec. 5. Act of 1880, Ch. 815, 30 DEPARTMENT OF PUBLIC WORKS. forbidden by Chapter 685 of public laws, passed May 31, A, D. 1877, and any land or estate already assessed for a sewer tax which has been collected, which shall have been or may be refunded under the provision of said chapter, may be re-assessed whenever any sewer shall be constructed in any street or highway upon which said land or estate or some part thereof shall abut. Right to connect ^EC. 6. When any such assessment shall be made upon any land for the expense of constructing any such sewer, Sec. 6. the owner of the land so assessed shall have the right to connect such land with such sewer under such general rules and regulations as said commissioner of public works shall prescribe, upon executing to said city a release of all damages which may at any time happen to such estate in any way re- sulting from such connection. Assessments to be ^EC. 7. All asscssments made under the authority of how"toTe'^paSr"'^ this act shall be a lien upon the the estate upon which they Ho,« ^, o,. are made from the date upon which they are certified by Act of 1880, Ch. 815, ^ -^ _ -' Sec. 7. sai(j commissioner to the city treasurer for collection, and shall be due and payable one year after the lodgment thereof as aforesaid : provided^ hoivever, that if one third of any such assessment shall be paid to the city treasurer on or before the day the same becomes due and payable, the remainder of such assessment may be and remain unpaid for one year from the day the said assessment was due, when the same with six per centum interest thereon shall become due and payable ; and p7-ovided further, that if the one half of said as- sessment then remaining unpaid, and all interest upon the whole amount, shall then be paid to said city treasurer, the remainder of said assessment shall not be due and payable until one year from the last named date, when it and six per centum thereon as interest shall be due and payable. If, how- ever, either of such sums or parts of such assessments shall not be paid on or before the date that either of them shall become due and payable as aforesaid, then and in that case the whole assessment shall be due and payable, and shall thereafter bear interest at the rate of seven per centum per annum, and shall be collected as the ordinary taxes of the city are collected. DEPARTMENT OF PUBLIC WORKS. 31 Sec. S. Any person paying the whole of any assessment Discount for antki- so made upon any estate as aforesaid, before the expiration ^''^'^^ payments, of one year after the same shall be certified to the city ^' " sec.'s. '" ' ' treasurer, shall be entitled to receive and may receive a discount thereon at the rate of six per centum per annum to the time said assessment is due and payable as first aforesaid. Sec. 9. Any person may pay the amount of any such interest and costs on . , , 1 i.1 4. i- rt 4.1 delinquent payments. assessment or balance due thereon, at any time after tlie ex- piration of one year after the same shall be certified to the ^ " scC'd. ^' "*' city treasurer as aforesaid, by paying in addition thereto interest at the rate of six per centum per annum from the time said assessment is due and payable as first aforesaid, with all the expenses incurred for the collection thereof, if any there be. Sec. 10. The commissioner of public works shall have Highway powers, and exercise all the powers now by law vested in surveyors of ^^-tof tsso ch sis highways and highway commissioners. Sec. lo. Sec. 11. The said city council may also by ordinance Public work confer upon said commissioner the power to construct, re- Act of issn ch 8i5 pair and maintain bridges and such other public works and public buildings as said city council may deem expedient. Sec. 1'2. The said city council may * * * * re- quire said commissioner to give bond to the city for the Act of isso cu. sis faithful performance of the duties of his office, with such Sec.iJ. conditions as said city council shall prescribe. Sec. lo. Upon the election of the board of public works, offices abolished. the term of office of the highway commissioners and water Act of issn, ch. 8ir> commissioners shall terminate. ^'^'^' ^'^' Sec. 14. All acts and parts of acts inconsistent with the luconsistent acts provisions of this act are hereby repealed. repealed. Sec. 15. This act shall take efi;ect on and after its pass- operative clause. age. Sec. 11. Official bond. 32 DEPARTMENT OF PUBLIC WORKS. Chapter 899 of June 3, 1881. Exemption of cem- eteries from sewer as- sessments. Operative clause. AN ACT IN AMENDMENT OF CHAPTER 813 OF THE PUBLIC LAWS, ENTITLED "AN ACT ESTABLISHING A BOARD OF PUBLIC WORKS IN THE CITY OF PROVI- DENCE." Section 1. Exemption of cemeteries from sewer assessments. Section 2. Operative clause. // IS enacted by the General Assembly as follows : Section L All lands in the city of Providence held by religious and cemetery corporations for cemetery purposes shall be exempt from the payment of any and all assess- ments for the construction of sewers made in pursuance of the provisions of Chapter ol3 of the public laws, so long as such lands shall be held and used solely for such purposes : provided, that all assessments made for the construction of sewers on such lands under the provisions of said Chapter 318 of the public laws, or any acts in amendment thereof or in addition thereto, shall be and remain for thirty years a lien on said lands, without interest, and the city of Provi- dence may enforce the collection of said assessments when- ever said lands or any portion thereof shall be abandoned for cemetery purposes, in the same manner as other sewer assessments are collected or enforced. Sec. -. All acts and parts of acts inconsistent herewith are hereby repealed ; and this act shall take effect upon its passage. Chapter 1239 of May 4, 1S'J3. AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 313 OF THE PUBLIC LAWS, PASSED MARCH 28, 1873, ENTITLED "AN ACT TO ESTABLISH A BOARD OF PUBLIC WORKS IN THE CITY OF PROVIDENCE," AND TO CHAPTER 702 OF THE PUBLIC LAWS, PASSED MAY 30, 1878. Section 1. Life tenant paying sewer assessments made under chapter 313, of March 28, 1873, may enforce contribution from remaindermen. // i.s enacted by the General Assembly as follo7vs : Life tenants may SECTION 1. Whenever the owucr of a life interest in any enforce contribution , , , , . , ^t.i-i i jr i from remaindermen, cstatc assesscd uudcr "An act to establish a board ot pub- DEPARTMENT OF PUBLIC WORKS. 33 lie works in the eity of Providenee," or under the act en- titled "An act in relation to laying out and making main drains and sewers in the town of Pawtucket,"' and any acts in amendment of said acts respectively, for the construction of a sewer, has paid, or who shall hereafter pay, the whole amount of the assessment against said estate, he may re- cover of the owner of said estate, subject to said life inter- est, such proportional part of said assessment as the value of the estate subject to said life interest bears to the value of the life interest, by an action on the case or by bill or partition in equity. AN ACT AUTHORIZING THE COMMISSIONER OF PUB- QhaDtGr 133B Lie WORKS OF THE CITY OF PROVIDENCE TO BUILD „( jme l-', 1894. SEWER CONNECTIONS INSIDE THE LINE OF CURB- ING ON STREETS WHEN SEWERS ARE CONSTRUCTED. Sf.ction 1. Connections with sewers to be paid for by owner of abutting estate. Section 2. Operative clause. // /s enacted by the General Assembly as folloivs : Section 1. Whenever a sewer shall be hereafter con- Connections with ,j. . , 1-1 -^i -^ rn •! sewers to be paid for structed in any street or highway in the city of Providence, by owner of abutting the commissioner of public works of said city of Providence may cause to be built such connections with said sewer as he may deem advisable, and may cause such connections to be extended inside of the curbing and not further than to the boundary line of the abutting estate ; and the expense of said sewer connections so built shall be paid for by the abutting owners, and such expense shall be secured by lien on the abutting estate, and be collected in the same manner as provided by law for the collection of other sewer assess- ments by said city. Sec. 2. This act shall take effect from and after its pas- operative clause sa^e. 34 DEPARTMENT OF PUBLIC WORKS. Chapter 632 of February 17, ItSOO. AN ACT IN RELATION TO SEWERS IN THE CITY OF PROVIDENCE. Section 1. Use of sewers may be regulated by ordinance. Section '2. Penalties. 3. Operative clause. // is enacted by the General Assembly as follozvs : Use of sewers may be regulated by ordi- nance. Penalties. Operative clause. Section 1. The city council of the city of Providence is hereby authorized from time to time to prescribe rules and regulations relative to the use of the common sewers of said city, and by general ordinance forbid the introduction or turning into said sewers of any substance injurious or detri- mental to said sewers or to the public use thereof. Sec. -. Any person violating any of such rules, regula- tions or orders shall be fined not exceeding twenty dollars for each such violation, and not exceeding twenty dollars for each additional day that any such violation shall con- tinue, as may be prescribed by ordinance of said city coun- cil, and shall also be liable in an action of the case for all damages caused to said city or to any person by any such prohibited act. Sec. 3. All acts and parts of acts inconsistent herewith are hereby repealed ; and this act shall take effect from and after its passage. Chapter 640 of March 8, 1866. AN ACT FOR SUPPLYING THE CITY OF PROVIDENCE WITH PURE WATER. Section 1. Source of water supply. 2. Powers conferred for the introduction and supply of water. 3. \Vater commissioners. 4. Damages for lands and water rights. Section 5. Regulation of use of water. C. Liability for use of water. 7. Penalty for injury to water or to water-works. S. W'ater bonds. // is enacted by the General Assembly as folhnvs : Source of water supply. Section 1, The city of Providence is authorized, in the manner hereinafter provided, to convey into and through DEPARTMENT OF PUBLIC WORKS. 35 said city the waters of the Pawtuxet, Blackstone, Ten Mile or Woonasquatucket rivers, for the purpose of furnishing a supply of pure water for said city ; and the city council of said city shall determine from which source to bring said water, after the tax-payers thereof shall have decided to in- troduce the same into said city. Sec. -. The said city of Providence is hereby author- Powers conferred , , , r • J upon the citv for the ized to acquire by purchase, and to hold, the waters ot said introduction and sup- • 1 i. 1 ply of water. streams, or either of them, and any water rights connected therewith, and may also purchase, take and hold any real estate necessary for laying aqueducts and forming reser- voirs, and for any of the purposes of this act ; and may build one or more permanent acqueducts from the said water sources, selected and determined upon as aforesaid, into and through said city, and secure and maintain the same by any proper works, and may connect said water sources with one another ; may erect and maintain dams to raise and retain the waters therein ; and make and main- tain reservoirs within and without the said city ; and in gen- eral may do any other act necessary or convenient for the purpose of this act ; and may distribute the water through- out the city, regulate its use, and the price to be paid there- for, within and without the city ; and said city, for the pur- poses aforesaid, may carry any works by them to be con- structed over or under any highway, turnpike, railroad or street, in such manner as not to permanently obstruct or impede travel thereon ; and may enter upon and dig up any highway, turnpike-road or street, for the purpose of laying down pipes or building aqueducts upon or beneath the sur- face thereof, or for the purpose of repairing the same. Sec. 3. The city council of said city is hereby author- water commission- ized to provide by ordinance for the appointment of three water commissioners, for the purpose of exercising such portion of the authority conferred and given by this act as may be defined by ordinance of said city, as aforesaid, and also to prescribe in like manner the duties of such commis- sioners ; also, when and in what manner, and for what term and terms, said water commissioners shall be chosen by the city council of said city, in convention : provided^ ho7vever^ ers. 36 DEPARTMENT OF PUBLIC WORKS. that the first board of commissioners, appointed as afore- said, shall hold their offices for the term of three years, un- less the works contemplated by this act are sooner com- pleted ; and said city council may, if they shall see fit, pre- scribe that said commissioners shall give bond and in what amount, for the faithful performance of their duties, and in what manner and for what causes, said commissioners, or either of them, may be removed from office, and also the amount of compensation of each of said commissioners. Damages for lands Sec. 4. If any owncr of lands, waters or water rights, and water riglits. i r i r i • • i • i taken for the purposes of this act, shall not agree with said city upon the price to be paid therefor, he may at any time within, but not after, one year from the time of such taking, apply by petition to the supreme court holden within and for the county in which such lands, waters or water rights shall have been taken, at any regular term of such court ; and upon such petition being filed, at least twenty days' notice thereof shall be given to said city by serving the said commissioners, or either of them, with a certified copy of such petition ; and the court may, after such notice, proceed to the hearing of the petition, and may appoint three dis- interested persons, being freeholders and residents of the state, appraisers to determine, after reasonable notice to the parties, what damages, if any, the petitioner has sustained, and the award of such appraisers or the major portion of them shall be returned by them to the court as soon as may be, and upon acceptance thereof by the court, unless a jury trial be applied for as hereinafter provided, judgment shall thereupon be rendered by said court for the party prevail- ing, with costs, and execution may issue accordingly : pro- vided^ that if either party shall be dissatisfied with such award, such party may, immediately upon the return thereof to the court, apply for a trial by jury, which shall determine all questions of fact relating to such damages and the amount thereof ; and such trial shall thereupon be ordered by said court, and had as soon as conveniently may be, and judgment shall be entered upon the verdict of said jury, and costs shall be allowed to the party prevailing, and execution may be issued therefor; provided^ that no petition or com- DEPARTMENT OF PUBLIC WORKS. 37 plaint shall be made as aforesaid for the taking of any land, water or water rights, until the same shall be actually taken or withdrawn by said city, by virtue of the provisions of this act. Sec. 5. Said city shall have the exclusive right of the Regulation of use of waters aforesaid, taken by said city for the purposes afore- said, and may maintain' an action against any person for using the same without the consent of said city ; and may regulate the distribution and use of said water within and without the city, and from time to time fix the price for the use thereof ; and may establish such public hydrants in such public places as they may see fit, and prescribe for what purposes the same shall be used ; all which they may change at their discretion. Sec. 6. The owner and also the occupant of any tene- Liability for use of ment shall be liable for the payment of the price or rent for "*''^'- the use of the water in such premises. Sec. 7. If any person shall maliciously or wantonly di- Penalty for injury to vert the water of any of the said streams or water sources "ater or water-works, from which water shall be introduced into said city as afore- said, or shall corrupt or render impure the same, or any connected therewith, or shall destroy or injure any drain, pipe, aqueduct, conduit or machinery, or other property used in or relating to the premises, such person or persons, and his or their aiders and abettors, shall each forfeit to said city, to be recovered in an action of trespass, or tres- pass on the case, treble the amount of damage which shall a]ipear on trial to have been sustained thereby, and shall also be liable to indictment therefor, and upon conviction shall be fined not exceeding five thousand dollars or im- prisoned not exceeding three years. Sec. 8. For the purpose of defraying all the expenses water bonds, and cost of such lands, waters and water rights as shall be taken or purchased for the purposes of this act, and of con- structing all works necessary to the accomplishment of said purposes, and all expenses incidental thereto, the said city of Providence is hereby authorized and empowered to issue bonds, scrip or certificates of debt, bearing not more than seven per centum interest per annum, under the corporate 210672 38 DEPARTMENT OF PUBLIC WORKS. Chapter 897 of January 24, 1871. Damages to lands owned in different interests, to be as- sessed in entire sum ; how apportioned. name and seal of said city, signed by the treasurer tliereof, or such other duly authorized person or persons as the council may direct, in such form as may be found expedient, not exceeding the sum of two million dollars, said bonds, scrip or certificates, to be payable whenever the city council of said city shall provide ; and said bonds, scrip or certifi- cates shall be obligatory upon said city in the same manner and to the same extent as other debts lawfully contracted by said city. And the money derived from the issue of such bonds, scrip or certificates may be expended by said city, in whole or in part, for the purposes aforesaid intended by this act, in such manner as the said city may by ordi- nance direct. AN ACT IN AMENDMENT OF CHAPTER 43 OF THE REVISED STATUTES, " OF LAYING OUT AND MAKING HIGHWAYS AND DRIFTWAYS," AND CHAPTER 640 OF THE STATUTES ENTITLED "AN ACT FOR SUPPLY- ING THE CITY OF PROVIDENCE WITH PURE WATER." Section 1. Damages to lands owned by per. sons having different interests, to be assessed in an entire sum; how to be apportioned. .Section 2. Supreme court to appoint trustees, when. 3. Operative clause. It is enacted by the General Assembly as foUoivs : Section 1. When persons having a claim for damages sustained in their lands by the laying out, alteration or dis- continuance of a highway, or by the taking of lands for the construction of water works or other public works, have separate or different interests in such lands so that an estate for a term of years, or for life, belongs to one person and remainders either contingent or vested or the reversion in said lands belongs to others, entire damages or an entire sum as indemnity shall be assessed in the same manner as is provided in other cases where lands are so taken, without any apportionment thereof, and the amount of such damages or indemnity, subject to any and all liens thereon, shall be paid over and be recoverable by any person whom the parties owning the several interests in such lands may appoint, to be invested by him when paid over or recov- DEPARTMENT OF PUBLIC WORKS. 39 ered in such manner as the supreme court shall direct, and held in trust for the benefit of the parties entitled thereto, according to their several interests, the annual income to be paid over to the person owning the estate for years, or life, for and during the continuance of such estates, and the remainder, after the termination of such estates, to be paid over to the persons entitled to the same. Sec. "i. If any of the persons having an interest in such lands shall, by reason of any legal disability, be incapac- itated from choosing a trustee, or if the parties in interest cannot agree upon a choice, the supreme court, upon appli- cation of any of the parties interested in such lands, and after notice to all parties interested, shall appoint some suit- able person as trustee. Said trustee shall, before entering upon the duties of his trust, give a bond to the clerk of the supreme court, with surety or sureties to the satisfaction of said court, in such sum as said court shall direct, conditioned for the faithful performance of his duties as trustee under the provisions of this act, which bond, upon breach of its condition, may be put in suit for the use and benefit of the persons interested in such lands, in like manner as is pro- vided in the case of bonds given by executors or adminis- trators. Sec. o. This act shall take effect from and after its pas- sage ; and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Trustees, when. Operative clause AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO BUILD A BRIDGE ACROSS PROVIDENCE RIVER. Skctidn 1. City authori/,ed to build Point street bridge. Skctiok 2. Draw, how to be constructed, o. Obsolete. // /s enacted by the General Assembly as folhnvs : Chapter 772 of June 10, 186S. Section 1. That the city of Providence be and they are hereby authorized to erect and build a bridge across Provi- dence river within the limits of said city at such place as the city council of said city shall select between Weybosset Point street bridge. 40 DEPARTMENT OF PUBLIC WORKS. Drawbridge. Obsolete. bridge and the south line of India street on the east side of said river and the south line of Crary avenue on the west side of said river. Sec. '2. Said city shall construct, keep and maintain in said bridge, a swing draw with an opening on each side thereof of not less than one hundred feet in width, and shall at all times keep a sufficient force stationed at said bridge to open said draw for the passage of vessels through the same and without expense to said vessels. Sec. o. [Provision for payment.] Ghaoter 880 ^'^^ ^^^ ^^ amendment of chapter 772 of the stat- of J.me 1.!, 1870. UTES, ENTITLED "AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO BUILD A BRIDGE ACROSS PROV- IDENCE RIVER." Superimendtm of Point street bridge, appointment. His duties. Sfxtion 1. Superintendent of Point street bridge, appointment. 2. Duties of superintendent. 3. Duties of masters of vessels. SECTION 4. Penalty for interference or injuiy. 5. Penalty for neglect by city or officers. 6. Compensation of employees. // /s oiacted by the General Assembly as follows : Section 1. Whenever the bridge authorized by Chapter 772 of the statutes, and known as the Point street bridge, shall be completed and opened to public travel, it shall be the duty of the board of aldermen of the city of Providence to appoint an officer who shall be styled superintendent of the Point street bridge, and who shall hold his office during the pleasure of said board. Sec. 2. Said superintendent shall at all times during the season of navigation cause the draw in said bridge to be opened for the passage of vessels upon proper signals, to be fixed by said board of aldermen ; and shall give all neces- sary advice and furnish proper facilities for the passing of all such vessels through said draw, and shall allow no un- necessary detention, having due regard to the state of the tide and the convenience of public travel over said bridge ; and shall also decide as to the priority of right when two or more vessels apply to pass said draw at the same time. DEPARTMENT OF PUBLIC WORKS. 41 Sec. 3. Masters of boats or vessels passing said draw Masters of vessels, shall so place their buoys, warping lines, cables and anchors ^^"^"^ """■ as neither to interfere with other vessels nor obstruct said bridge, except as they may be authorized by said superin- tendent. Sec. 4. Any person wilfully obstructing said superintend- penalty for interfer- ent in the performance of his duty as prescribed by this act, ence or in]iir\. or who shall injure or deface said bridge or any of its appur- tenances, or shall open or obstruct said draw without con- sent of said superintendent, or shall make fast or moor to ' said bridge any vessel, boat, scow or raft, or shall violate any of the provisions of this act, shall upon conviction thereof pay a fine of not less than ten nor more than twenty dollars, and shall also be liable to the city of Providence in damages. Sec. 5. The city of Providence or any officer or officers penalty for neglect by thereof, for the neglect or the refusal to comply with the '^'tyoro provisions of this act, shall upon conviction thereof pay a fine of not less than fifty nor more than five hundred dol- lars, and shall further be liable to pay to the owners of any such vessels or the cargo thereof, all damages they may sus- tain by reason of such neglect or refusal. Sec. G. [Obsolete by Chapter 869, sec. 2, ante, page 27, and Compensation of Chapter 530, ante, page 28. The compensation of the superinten- emp oyees. dent is now fixed by ordinance, and that of other bridge employees by the commissioner of public works.] Chapter 349 AX ACT PROVIDING FOR CLEARING THE CHANNEL OF THE SEEKONK RIVER AT INDIA POINT, IN PROVI- of March 28, .S83. DENCE, OF OBSTRUCTIONS; AND FOR THE CON- STRUCTION OF A BRIDGE NEAR THE SITE OF THE PROVIDENCE WASHINGTON BRIDGE. Section 11. Washington Bridge, how to be maintained. /f is enacted by the General Assembly as follows : Sec. 11. The city of Providence shall lay out a highway undge and draw, how from the westerly line of the town of East Providence, over '° ^ mamtame said bridge to such point in the said city as public convenience may require with reference to travel to, from and over said G 42 DEPARTMENT OF PUBLIC WORKS. bridge ; and the town of East Providence shall lay out a highway from the westerly line of said town, in extension of the highway so to be laid out by the city of Providence, over so much of said bridge as may lie within the limits of said town, and extending to such point in said town as public convenience may require with reference to the safe and con- venient use by the public of said bridge as a highway over said river. And the said city and town shall keep and maintain so much of said bridge as may lie within their limits respectively ; and the said city shall keep and main- tain the draw in said bridge, and at all times cause said draw to be immediately opened for the passage of vessels through ihe same without unnecessary hinderance or delay. rh;)ntpr 1^^? ^^' ^^^ ^^ provide for the construction and rf ,n , n. MAINTENANCE OF A NEW BRIDGE UPON THE SITE of June 12, 1!S04. OF THE PRESENT " RED BRIDGE" SO CALLED. Section 11. iSIaintenance of Red Bridge by city of Providence. // IS enacted by the Genera/ Assevibly as follotvs : Maintenance of Red Sec. 11. The city of Providcncc shall maintain and " ^^' keep in repair the bridge herein provided to be built, and the expense of such maintenance and repair shall be paid by the city as is now provided in the care of the present " red bridge," so called. [Note. — The provisions for maintenance and repair re- ferred to above will be found in Chapter 820, of May 28, 1869, Section 5, which provides as follows: "Sec. 5. The town of East Providence and the city of Providence shall ***** contribute and jjay for the main- tenance and support of said bridge in condition to answer all the purposes for which it is constructed."] DEPARTMENT OF PUBLIC WORKS. 43 AN ACT CONCERNING SIDEWALKS IN THE TOWN OF Apt nf 1891 PROVIDENCE. '*'^' "' '^^' November 3. Sf.ction 1. Sidewalks to be built, altered and repaired by owners of adjoining lands. 2. Commissioners to superintend the building, altering and repairing of sidewalks. Section 3. Commissioners shall notify owner of adjoining lot to build, alter or im- prove sidewalk. Proceedings in case of neglect. 4. Building and repairing of sidewalk by owner of adjoining lot. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted. That from and after the pas- sing of this act, the sidewalks in the streets and highways in the town of Providence shall be built, altered and re- paired at the expense of the owners of the adjoining lands, in the way and manner hereinafter provided. Sec. 2. And be it further enacted, That the freemen of said town, at their annual election of town officers, shall appoint three of their number, who shall be called commis- sioners of sidewalks, and who shall have power and author- ity, and whose duty it shall be, to superintend, order and direct the manner of building, altering and amending the sidewalks, and to order and determine of what height and width the same shall be, and of what materials the walks shall be composed, and how and with what secured and finished ; with power to alter and improve those already made, in such way and manner as they think the public con- venience requires ; to build or alter any wall on any lot ad- joining the street, and to remove any steps, posts, cellar doors or other obstructions in the sidewalks. Sec. o. And be it further enacted. That when the said commissioners shall have determined in what mariner, and of what materials, and within what time, any new sidewalk shall be made, or in what manner, and within what time any old sidewalk shall be altered and improved, they shall cause written or printed notice thereof to be personally given to the owner of the adjoining lot, if residing within the town of Providence, particularly describing the materials, width, height and manner the sidewalk shall be built, or the altera- tion be made ; but if the owner shall not reside in said town, then the notice shall be given to the tenant in possession ; but if no tenant shall be in possession, then the same shall .Sidewalks, how to be built, altered and repaired. Commissioners of sidewalks. See Act of 1841, page 45. Making and repair of sidewalks. 44 DEPARTMENT OF PUBLIC WORKS. Repair of sidewalk by owners. be published in one of the newspapers for the town of Providence, for three successive weeks ; at the expiration of the time so limited by the commissioners, if the work shall not have been performed or proceeded in according to the directions of the said commissioners, they shall, in their discretion, order the surveyor of the highways for the time being to proceed, at the expense of the town, and execute the directions so by them given to the owner ; a copy of which order shall be by them given to said surveyor; and when the same shall be by him accomplished, it shall be the duty of the commissioners to certify the expenses thereof to the assessors of taxes for said town, together with ten per centum in addition thereto, to cover the interest, cost of assessing and collection ; and the said sum so certified shall be by the assessors added to the tax of the owner of such adjoin- ing lot, so neglecting as aforesaid ; which proceedings shall be conclusive, and the said owner, with his estate, shall be responsible therefor, in the same manner as for other taxes. Sec. 4. And be it further enacted, That any sidewalk which may be hereafter built, altered or repaired by the owner of the adjoining lot, shall be done under the inspec- tion of the surveyor of the highways for the time being, and in pursuance of the directions given by the commission- ers aforesaid for that purpose ; and that until the next annual election of town officers, Edward Carrington, Charles Dyer and Dexter Thurber be and they are hereby appointed commissioners of sidewalks, and authorized and required to carry this act into full effect. Ant of 182^ AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT Mbl Ul \0£.Q CONCERNING SIDEWALKS IN THE TOWN OF PROV- October 29. „„ ^„ ., IDENCE " Societies are exempt. Section "2. To be liable to assessment for such repairs after notice and refusal. Section 1. Corporations, otherwise exempt from taxation, to be liable to build, alter and repair sidewalks. | Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the seveial societies owning real estate in said Providence shall be liable to the DEPARTMENT OF PUBLIC WORKS. 4o same regulations as private individuals are liable by the act to which this act is in addition, notwithstanding they may be exempt from taxation in other respects; notice being given, as is required in the third section of said act, to the treas- urer of any such society. Sec. 2. And he it further enacteih That if any society shall Liability. refuse to lay or repair their sidewalks, after being notified as is required by the act to which this is in addition, then the commissioners may proceed as is in other cases provided by law ; and after it is finished, they shall certify the ex- penses thereof, with ten per centum addition, as in other cases, to the assessors of taxes in said town ; which sum, so certified, shall be collected of said society in the same man- ner as is provided by law for collecting taxes. AX ACT IN AMENDMENT OF AN ACT ENTITLED "AN Jq| q| Ig^l ACT CONCERNING SIDEWALKS IN THE TOWN OF Januarv 18. PROVIDENCE." Section [ Section 1. Section 2 of the act of November 3, 2. Powers of sidewalk commissioners 1821, repealed in part. vested in city council, or officers I appointed by them. Be it enacted by the General Assembly as foUoivs : Section 1, So much of the second section of the act ActofNov.:j,i82i, to which this is in amendment as requires the annual ap- ^pealed m pan. pointment of three commissioners of sidewalks is hereby repealed. Sec. '1. All the powers given by said act to the sidewalk city council luve iiir t r- -\ r y ct i powers of commis- commissioners shall, after the first Monday of June next, be sioners of sidewalks. vested in the city council of the city of Providence, or in case of the death or resignation of the present sidewalk commissioners, then the said powers shall be forthwith vested in said city council ; and the said city council is hereby authorized, either by a committee of their own body, or by any person or persons appointed by them, to proceed in the same manner and with the same powers as are granted to the sidewalk commissioners in and by the said act to which this is in amendment. 46 POLICE DEPARTMENT. Chapter 823 of May -21, 1.S80. AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE MODE OF APPOINT- MENT AND REMOVAL OF THE CITY MARSHAL, POLICE CONSTABLES AND CITY WATCHMEN OF THE CITY OF PROVIDENCE," PASSED MAY SES- SION, 1855. Section 1. Police constables and city watchmen, appointment to office. 2. Removal fvoni office. Section 3. Mayor may take charge of police force in any emergency. 4. Inconsistent acts repealed. 5. Operative clause. // /'s enacted by the General Assembly as fo/tows Police constables and city watchmen, appointment to office. Removal from office. Mayor may take full charge of police force in emergency. Inconsistent acts repealed. Operative clause. Section 1. The police constables and city watchmen of the city of Providence shall hereafter be appointed by the chief of police of said city, by and with the consent of the mayor and aldermen. Sec. 2. The chief of police of said city, by and with the consent of the mayor and aldermen, shall have power to remove any of said officers from office, whenever, in his opinion, the interests of said city shall require such removals. Sec. 3. The mayor of the city of Providence shall have the power in any emergency, of which he shall be the judge, to take full charge of the whole or any part of the police force in said city. Sec. 4. All acts and parts of acts inconsistent herewith are hereby repealed. Sec. 5. This act shall go into effect from and after the first Monday in January, a. d. 1S81. POLICE DEPARTMENT. A\ ACT IN RELATION TO THE CITY MARSHAL OF Qj^gntfif 636 THE CITY OF PROVIDENCE. „f P^bruarv G, 18C0. Section 1. City marshal to continue in office un- til election of chief of police. 2. Chief of police, or his deputy, need .Section not furnish surety for costs in any prosecution. 3. Operative clause. // is enacted by the General Assembly as follows : Section 1. The present city marshal of the city of Providence shall continue to hold and exercise the duties of his office until the election of a chief of police by the city council of said city, and no longer. Sec. -. The said chief of police when elected by said city council, and in case of his death, absence or disability, his duly appointed deputy, shall not be required to furnish surety for costs in any prosecution which may be brought by either of them. Sec. 3. This act shall take effect on and after its pas- sage ; and all acts and parts of acts inconsistent with it are hereby repealed. City marshal to act until election of chief of police. Chief of police or his deputy, need not fur- nish surety for costs. Operative clause. AN ACT CONCERNING THE APPOINTMENT OF WATCH- Jq| q| 1 g45 MEN AND SPECIAL CONSTABLES IN THE CITY OF January ir.. PROVIDENCE. .Section 1. Repealed. Section '1. Special constables. // is enacted by the General Assembly as follows : Section 1. [Repealed. See section 1, page 4<).] Sec. 2. The mayor or the board of aldermen of said city are authorized to appoint special constables for said city whenever in his or their opinion it may be e.xpedient ; and such constables shall hold their offices for the day on which they are appointed and the two succeeding days ; but they shall not be required to give any bond, nor shall they be authorized to serve any civil process, but in all other matters they shall have the same power and authority as other constables. Repealed. Special constables I 48 POLICE DEPARTMENT. Chief ol may enter houses, wit powers. police certain Chaoter G93 ^^ ^^^ conperring additional authority upon uimfjici ujj ,p^g police officers of providence and of March 1., 1867. ^^.^pQ^rj, .Section I Section 1. Chief of police may enter certain 2. May command aid. houses ; with what powers. // is enacted by the General Assembly as follows : Section 1. The chief of police of the city of Provi- dence, and the city marshal of the city of Newport, are hereby authorized and empowered to enter any house, place or building, in their respective cities, which they shall have reasonable cause to suspect is kept as a resort for persons of ill-fame, or lewd and dissolute persons, or persons of idle and disorderly character, or in which there shall be loud and disorderly noises, to the common disturbance of the neighborhood, or to which they shall have reasonable cause to suspect any female before reputed virtuous has been in- veigled or enticed, and remains concealed therein, for the purpose of prostitution or lewdness, or to which unwary young men are inveigled or enticed or are accustomed to resort for the purpose of gambling or playing at any game or games of chance of any kind whatever for money or other valuable consideration ; and upon entering any such house, place or building, in their respective cities, they may command any persons found therein, reputed to be of the character aforesaid, or any persons therein being or assem- bled for any of the purposes aforesaid, forthwith to depart therefrom ; and in the event of the neglect or refusal of any such persons to obey such command, the said officers are hereby authorized, in their respective cities, to arrest such persons and hold them in custody for such time, not exceeding twenty-four hours, as may be necessary for their regular apprehension on complaint and warrant; and every person who shall be convicted of neglecting or refusing to depart from any such house, place or building, when commanded as aforesaid, shall be fined not exceeding twenty dollars, or imprisoned not exceeding thirty days. Sec. 2. Either of the officers named in the first section of this act may command aid in the execution of the au- thority therein conferred. Penaltv. Mav command aid. POLICE DEPARTMENT. 49 AN ACT GIVING THE RIGHT OF WAY TO THE AMBU- LANCES OF ANY CITY OR TOWN OR HOSPITAL CORPORATION. Chapter 607 of Feb. 21, 1899. Section 1. Ambulance has right of way. Section "2. Operative clause. // is enacted by the General Assembly as foHozas : Section 1. The ambulances of any city or town or hos- pital corporation, and any driver or person in charge of the same, while responding to or returning from an accident call, or while conveying any sick or injured person to any hospital or other place in any city or town, shall have the right of way in, upon and through any street, highway, lane, avenue or alley in such city or town ; and every person in or upon or owning or driving any vehicle in or upon any such street, highway, lane, avenue or alley, who shall wil- fully or maliciously refuse the right of way to, or shall in any way wilfully or maliciously obstruct or retard, any such am- bulance while in use as aforesaid, or any driver or person in charge of the same, shall be fined not exceeding twenty dollars. Sec. 2. This act shall take effect April first, a. d. 1899. Ambulance has right of way. Operative clause. of March 28, 1901. AN ACT AUTHORIZING THE TOWN COUNCILS OF THE QhgntOf g4R SEVERAL TOWNS AND THE CITY COUNCILS OF THE SEVERAL CITIES TO ISSUE CERTAIN LICENSES, CHARGE AND COLLECT FEES THEREFOR, AND PRO- VIDE PENALTIES. Section 1. Peddlers in streets and public places may be licensed ; exemptions. Section 2. Operative clause. // /s enacted by the General Assembly as follows : Section 1. The town councils of the several towns and the city councils of the several cities are hereby authorized n"a%rHclnsed.^"^' to provide by ordinance for the issuing of licenses to all 7 Peddlers in streets 50 POLICE DEPARTMENT. License fees. Exemptions from fees. Exemptions from licenses. Operative clause. persons selling or offering for sale any goods, wares, mer- chandise, ice cream or other articles or substances on the street, to all persons selling fruits or vegetables from carts or baskets, and to all hawkers and peddlers, in addition to the state licenses required by the provisions of Chapter 162 of the General Laws, and also for charging and collecting fees for such licenses, not to exceed fifty dollars for any one license for any one year, and also to fix by ordinance a penalty for selling or offering for sale any goods, wares, merchandise, ice cream, or other articles or substances on the street, and for selling or offering for sale fruits or veg- etables from carts or baskets, and for selling or offering for sale any articles or substances as hawkers and peddlers within their town or city without such licenses : provided, however, that no fees shall be charged for licenses issued to any person selling reHgious books and publications in be- half of bible, tract, or other religious or moral societies for the purpose of promoting religious or moral improvement, and which are sold for that purpose and not for pecuniary profit, or to butchers retailing meats or fishermen selling fish or shell-fish from carts or otherwise, or to any person peddling or selling any tow-cloth, knit stockings, gloves, mits or other articles of household manufacture, or articles manufactured with his own hands, or to any person who shall receive a license from the general treasurer in accord- ance with the provisions of section 15 of Chapter 162 of the General Laws, as amended by Chapter 622 of the pub- lic laws, passed at the January session, a. d. 1899 ; and provided further, that this act shall not apply to milkmen, or to farmers selling the produce of their farms, or selling both the produce of their farms and the produce of other farms. Sec. 2. Chapter 557 of the public laws, passed at the January session, a. d. 1898, and Chapter 727 of the public laws, passed at the January session, a. d. 1900, and all other acts and parts of acts inconsistent herewith are here- by repealed ; and this act shall take effect from and after its passage : provided, that this act shall not affect any licenses already granted under ordinances made by authority of said Chapters 557 and 727. POLICE DEPARTMENT. 51 AN ACT CONCERNING DEALERS IN JUNK AND SECOND- nhaDtGr 871 HAND ARTICLES IN THE CITY OF PROVIDENCE. of March 8, 1901. Secti Board of aldermen may license deal- ers in junk and second-hand articles. City council may make ordinances relative to junk and second-hand articles. Sectkin 3. City council may provide penalties for violation of such ordinances. 4. Junk act of 1S53 repealed. 5. Operative clause. // is enacted by the General Assembly as folloivs : Section 1. The board of aldermen of the city of Provi- dence may license such persons as they deem suitable to purchase, sell, barter and deal in junk, old metals and any second-hand articles, and may revoke such licenses at their pleasure. Said licenses shall be granted subject to such conditions and restrictions, for such term not exceeding one year, and on the payment of such fees, as shall be pre- scribed by ordinance of the city council of said city. Sec. 'i. Said city council shall have power to make or- dinances relative to the business of purchasing, selling, bar- tering and dealing in junk, old metals and second-hand articles, and to prescribe the conditions and restrictions under which such business may be carried on, and to fix the amount of fees to be paid for license to be issued by the board of aldermen for carrying on such business, and to fix the term of such licenses for any period not exceeding one year from the time of their issue. Sec. 3. Said city council shall have power to provide by ordinance penalties for carrying on such business without such license, or in violation of any ordinance made under the provisions of section two of this act, not exceeding for any one offence a fine of two hundred dollars, or imprison- ment not exceeding six months. Sec. 4. An act entitled "An act regulating the sale of junk and other second-hand articles," passed at the January session, a. d. 1^c. 13. And be it fiu'tker enacted, That any person who shall be found intoxicated under such circumstances as shall Act of 1878, ch. r>8G. amount to a violation of decency, shall be fined for such offence in a sum not exceeding five dollars ; and in default sibly changed by the of payment of SUCh fine, together with the costs of prose- act of 1887, chap. C34) . 1 11 v • ■ 1 • ^i r> -J was restored by act cution, such pcrsou shall be mipnsoned in the Providence of 1887, chap. 638. ... ., ■ , r ^ i n i • i • ? 7 county jail until said fine and costs shall be paid : provided, /uncever, that such person shall not be imprisoned for a longer term than thirty days for any one default. Power of board of ^EC. 14. And be itfurt/ier enacted, That it shall and may SonscommlueTby ^c lawful for the board of aldermen of said city to liberate and discharge at their discretion, any person committed to prison by order of said board, before the expiration of the time for which such person shall have been committed, upon such conditions as said board may think proper ; and in their order. POLICE DEPARTMENT. 57 case any person so liberated shall fail to fulfill the condi- tions prescribed, said board may recommit said person to prison for and during the remaining portion of the term of confinement originally ordered. Sec. 15. And he it further enacted. That it shall be Power of mayor or board of aldermen to lawful for the mayor, or the board of aldermen, of the liberate persons com- mitted by sentence of city of Providence, to liberate and discharge, at his or court, their discretion, any person committed to prison for the Act of October, i843. violation of any ordinance passed by the city council of said city, or who shall be committed by any one or more of the justices of the peace for said city, under and by vir- tue of any of the provisions of this act, notwithstanding the time for which such person shall have been com- mitted may not have expired, upon such conditions as said mayor or board of aldermen may deem proper ; and in case any person so liberated shall fail to fulfill the conditions by said mayor or board of aldermen prescribed, the court, magistrate or magistrates, by whose sentence such person may have been originally committed, shall, upon due proof of such failure, recommit such person to prison for and during the remaining portion of the term of confinement originally ordered. AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO A-* q| 1 O^C RESTRAIN CERTAIN ANIMALS FROM GOING AT January ](>. LARGE. Sectiun I Section 1. Animals at large. I 2. Forfeiture of swine at large. // is enacted by the General Assefnbly as follows : Section 1. From and after the passing of this act, the Animals at large, city of Providence shall have full power to enact ordinances and regulations prohibiting horses, cattle, sheep, hogs, goats and geese from going at large within the limits of said city ; and to inflict such penalties and fines for the breach of such ,. , . ,.,.,,. Fur act referred to ordinances and regulations as they are authorized to innict see schedule, October 1 , . . f -11 • session, 1831, p. 21, by the provisions of an act entitled "An act to incorporate the city of Providence." 58 POLICE DEPARTMENT Forfeiture of swine at large. Sec. 2. The said city of Providence shall also have authority to declare all swine found running at large within the limits of said city to be forfeited to and for the use of the poor of said city, or of such persons as may be author- ized to seize the same. Chapter of March 14, 1863 /Kg AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO RESTRAIN CERTAIN ANIMALS FROxM GOING AT LARGE." Animals feeding or grazing in highway to be deemed to be "go- ing at large." Animals feeding or grazing in the highway to be deemed to be " going at large." // is efiaded by the General Asse7)ibly as follows : Section 1. Any horse, cattle, geese, sheep, hogs and goats which shall feed or graze in or upon any of the high- ways within the limits of the city of Providence, shall be deemed and held to be "going at large," within the mean- ing and intention of the act of which this act is in amend- ment. GhaOter 988 ^^^ ^^^ ^^ relation to cattle going at LARGE of April 26, 1872. IN THE CITY OF providence. Section 1. Animals at large without permission of the mayor. Section 2. Penalty. 3. Operative clause. Animals at large without permission of the mayor. // is enacted by the General Assembly as follows : Section 1. No owner or person having charge of any neat cattle or swine shall permit the same to go at large, loose or unfastened, in any street or highway in the city of Providence, between the hours of five o'clock in the fore- noon and twelve o'clock at night, except by special permis- sion of the mayor of said city. POLICE DEPARTMENT. 59 Sec. '2. Any person violating any of the provisions of Penalty. this act shall pay a fine of twenty dollars for each animal so going at large as aforesaid. Sec. o. This act shall take effect immediately upon its Operative clause, passage. AN ACT RELATIVE TO THE STORAGE OF COTTON Aq| q| 1847 WASTE IN THE CITY OF PROVIDENCE. , „^ June 25. Section | Section 1. Storage of cotton waste. I 2. Penalty. // is enacted by the General Assembly as follows : Section 1. No cotton waste shall be stored within the compact part of the city of Providence, as defined by the board of aldermen of said city under "An act relating to theatrical exhibitions and places of amusement," without permission from said board of aldermen. Sec. '1. If any cotton waste shall be hereafter stored within such compact part of said city, without the permis- sion aforesaid, the occupant of the building in which it may be stored, and the owner of such waste, shall each forfeit and pay a fine of fifty dollars for every such offence, one half thereof to and for the use of the state, and one half thereof to and for the use of the complainant ; to be re- covered by indictment in any court proper to try the same. Storage of cotton waste. For act re/erred to, see Digest of 1844, p. 352, sec. 0. Penalty. AN ACT TO REGULATE THE STORAGE, KEEPING AND SALE OF FIRE WORKS IN THE CITY OF PROVIDENCE. Section 1. Keeping and sale of fireworks. '2. Regulation by board of aldermen. 3. License may be for what term ; may be revoked. Section 4. Fee for license. 5. Penalty. 0. Operative clause ; repeal of Chapter 312, of March 27, 1873. Chapter 520 Of May 28,1885. /t is etiacted by the General Assembly as follo7VS : Section 1. No person shall keep or sell any fireworks in Keeping and sale of the city of Providence without first having obtained from the board of aldermen of said city a license therefor, signed by the clerk of said board, upon which shall be printed a copy of the rules made by said board relative to the stor- age, keeping and sale of fireworks in said city. 60 POLICE DEPARTMENT. Regulation by board of aldermen. License may be for what term. May be revoked. Fee for license. Penalty. Operative clause. Sec. 2. Said board of aldermen are hereby authorized, from time to time,' to make rules and regulations relative to the storage, keeping and sale of fireworks in said city, and, in their discretion, to grant or refuse to grant license to keep and sell fireworks in said city. Sec. 3. Every license so granted shall continue in force for such length of time as said board of aldermen may determine, not longer, however, than the municipal term of office of the board granting the same : ptwided, however, that the said board of aldermen may at any time revoke any such license. Sec. 4. Every person licensed by said board of alder- men, as aforesaid, shall pay to the clerk of said fcoard for such license the sum of two dollars for the use of said city. Sec. 5. Any person who shall violate any of the provis- ions of this act, or any of the rules and regulations estab- lished by said board of aldermen, shall pay a fine of twenty dollars for each offence. Sec. 6. This act shall take effect on its passage; and Chapter 312 of the public laws, passed January, 1878, is hereby repealed. Act of 1821 ^^ ^^^ REGULATING THE STORAGE, SAFE-KEEPING October 30. AND TRANSPORTATION OF GUNPOWDER IN THE TOWN OF PROVIDENCE. Section 1. Limitation on tlie keeping of gun- powder. 2. No person to sell gunpowder with- out license from town council. 3. Penalty for illegal keeping, trans- porting or selling gunpowder. 4. Gunpowder may be seized by the firewards, and may be libelled and adjudged to be forfeited. .5. Penalty for rescuing gunpowder. 6. Firewards may examine places where gunpowder is sold ; and in case of fire, may remove or destroy gun- powder. May obtain search-war- rants for gunpowder. 7. Party injured by explosion of gun- powder, kept contrary to this act, may recover damages. Section 8. Restrictions on ves:;els with gunpow- der on board. 9. Gunpowder to be landed or shipped at place designated by the town council. 10. 11. Transportation of gunpowder in town. 12. Transportation in boats. 13. Application for license to keep and sell gunpowder. 14. Retail dealers in gunpowder. 15. Wholesale dealers in gunpowder. IC. All dealers to display a sign. 17. Gunpowder may be kept in places designated by the town council. 18. Penalties, liow to be recovered. 19. Act of June, 1802, repealed. POLICE DEPARTMENT. 61 Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted. That no person except on military duty in the public service of the United States, or of this state, shall keep, have or possess in any house, ware- house, shop or other building, nor in any street, lane, alley, passageway, yard or cellar, nor in any wagon, cart or other carriage, nor on any wharf, nor on board of any ship or other vessel, nor in any place within the town of Providence, gunpowder in any quantity exceeding five pounds, in any way or manner other than by this act may be permitted and allowed ; and all gunpowder had, kept or possessed, con- trary to the provisions hereof, shall be forfeited, and liable to be seized and proceeded against in the manner herein- after provided. Sec. 2. And be it further enacted, That it shall not be lawful for any person or persons to sell any gunpowder which may at the time be within the town of Providence, in any quantity, by wholesale or retail, without first having ob- tained from the town council of said town a license to sell gunpowder; and every such license shall' be written or printed, and signed by the president of said council or their clerk, on a paper upon which shall be written or printed a copy of this act ; and every such license shall be in force for one year from the date thereof, unless annulled by said council, and no longer ; but such license may, prior to the expiration of that time, be renewed by endorsement thereon for a further term of one year, and so from year to year : provided always, that the said town council may annul any such license, if in their opinion the person or persons li- censed have forfeited the right of using the same by any violation of the law relative thereto ; and every person who shall receive a license as aforesaid shall pay therefor the sum of five dollars, and on having the same renewed shall pay therefor the sum of one dollar, which shall be paid to the clerk of said council for their use, for the purposes of defraying the expenses of carrying this act into execution. Sec. ;>. And be it further etiacted. That any person or persons who shall keep, have, possess, or transport any gun- powder within the town of Providence, contrary to the pro- Limitation on keep- ing of gunpowder. Sale of gunpowder. Form of license. Term of license. License may be annulled. Fee for license. Penalty for illegal keeping, transporting or selling gunpowder. 62 POLICE DEPARTMENT. Penalty if the gun- powder explodes. Gunpowder may be seized by firewards. May be libelled. May be forfeited. visions of this act, or who shall sell any gunpowder therein without having a license therefor, then in force, shall forfeit and pay a fine of not less than twenty dollars, and not ex- ceeding five hundred dollars, for each and every offence ; and if any gunpowder kept contrary to the provisions of this act shall explode in any shop, store, dwelling-house, warehouse or other building, or in any place in said town, the occupant, tenant or owner of which has not a license in force to keep and sell gunpowder therein, or which gun- powder shall have been kept in any manner contrary to the terms and conditions of such license, such occupant, tenant or owner shall forfeit and pay a fine of not less than twenty dollars, nor more than five hundred dollars. Sec. 4. And be it fiu-thcr enacted. That all gunpowder which shall be kept, had or possessed within the town of Providence, or brought into it or transported through the same, contrary to the provisions of this act, may be seized and taken into custody, by any one or more of the firewards of said town ; and the same shall, within ten days next after the seizure thereof, be libelled by filing in the office of the clerk of the court of common pleas, within and for the county of Providence, a libel stating the time and place and cause of such seizure ; a copy of which libel, or the sub- stance thereof, together with a summons or notice, which such clerk is hereby authorized to issue, shall be served on the person or persons from whose custody or possession, or in whose tenement, such gunpowder shall have been seized, if such person or persons be an inhabitant or inhabitants of this state, by delivering a copy thereof to such person or persons, or leaving such copy at his, her or their usual place of abode, twenty days at least before the sitting of the court at which the same is to be heard, that such person or per- sons may appear and show cause why the gunpowder so seized and taken shall not be adjudged forfeit ; and if the gunpowder so seized shall be adjudged forfeit, the person or persons in whose custody or possession the same was seized, or the occupant or tenant of the place wherein the same was seized, shall pay all costs of prosecution, and ex- ecution shall be issued therefor, provided it appear that POLICE DEPARTMENT. ♦33 Penalty for rescue of gunpowder. such person or persons had due notice of such prosecution, by service as aforesaid ; and in case the person or persons in whose custody or possession, or in whose tenement, such gunpowder may be seized, shall be unknown to the fireward or firewards making such seizure, or in case such gunpow- der at the time of seizure may not be in the custody or pos- session of any person, or if it shall appear by the return of the officer that such person or persons cannot be found, or has no known place of abode in this state, then said court shall and may proceed to adjudication thereon ; and such libel or summons; and also such writ of execution for costs, shall and may be served and executed in any county in this state, by any officer competent to execute civil process in like cases. Sec. 5. And be it further enacted, That any person or persons who shall rescue or attempt to rescue any gunpow- der seized as aforesaid, or shall aid or assist therein, or who shall counsel or advise or procure the same to be done, or who shall molest, hinder or obstruct any fireward in such seizure, or in carrying gunpowder so seized to a place of safety, shall forfeit and pay a fine for each ofifence of not less than twenty dollars and not exceeding five hundred dollars; and it is hereby made the duty of all magistrates, civil officers, and of all good citizens of said town, in their respective stations, and as far as they may be required, to aid and assist such fireward or firewards in executing the duties hereby required. Sec. G. And be it further enacted. That the said fire- Firewards may ex- wards, or any of them, may enter the store or place of any gunpowd "^'^ "Jw 1 I • Jill 1 i • and in case of fire, person or persons licensed to sell gunpowder, to examme may remove or de- and ascertain whether the laws relating thereto are strictly observed ; and also, whenever there may be an alarm of fire ; and in such last case, may cause the powder there de- posited to be removed to a place of safety, or to be de- stroyed by wetting or otherwise, as the exigency of the case may require ; and it shall be lawful for any one or more of the firewards aforesaid to enter any dwelling-house, store, building or other place in said town to search for gunpow- der which they may have reason to suspect to be concealed stroy gunpowder. 64 POLICE DEPARTMENT. Search-warrants. Right of action for damages resulting from explosion. Restrictions on ves- sels having gunpow- der on board. Gunpowder to be landed or shipped at place designated by town council. Trausijortation of gunpowder. or unlawfully kept therein, first having obtained from some justice of the peace of said town a search-warrant therefor, which warrant any one of the justices of said town is hereby respectively authorized to issue, upon the complaint of such fireward or firewards, supported by his or their oath or afifirmation. Sec. 7. A }ui be it further enacted, That any person who shall suffer injury by the explosion of any gunpowder had, kept or transported within the town of Providence, contrary to the provisions of this act, may have an action of the case, in any court proper to try the same, against the owner or owners of such gunpowder, or against any other person or persons who may have had the custody or possession of the same at the time of the explosion thereof, to recover reason- able damages for the injury thus sustained. Sec. 8. And be it further enacted. That no ship or other vessel on board of which gunpowder shall be laden, shall lie at any wharf in the town of Providence, nor at any place north of India Point channel within said town. Sec 9. And be it further enacted, That when any gun- powder shall be landed in the town of Providence, from on board any ship, boat or other vessel, the same shall and may be brought to and landed at such place or places as may be designated by the town council of said town ; and when any gunpowder shall be intended to be laden on board of any ship or vessel lying in the harbor of Providence, the same shall and may be brought to and delivered and laden from such place or places as may be designated as afore- said ; and no gunpowder shall be landed at, or shipped from, any other wharf or place in said town, nor detained an unnecessary length of time at said wharf or place. Sec. 10. And be it further enacted, That all gunpowder which shall be transported through said town, to whatever place it may be destined, shall be put into strong leather bags, closely tied, and on which shall be painted in Roman capitals the word gunpowder, and shall so remain in said bags whilst it is within the bounds of said town, and shall not be suffered to remain a longer time than is necessary in the boat or carriage in which it may be transported : pro- POLICE DEPARTMENT. 65 rilled, hown'er, that said bags may be taken off whenever said powder shall be deposited in some magazine, as here- inafter designated. Sec. 11. And be it further enacted, That all gunpowder transported through said town, except when carried by hand, shall be conveyed in a cart, wagon or other carriage closely covered with leather or canvas, marked as afore- said with the word gunpowder in some conspicuous place thereon, excepting, however, that a quantity of gunpowder, not exceeding in the whole four casks of twenty-five pounds each, may be received and put into any cart or wagon which is to pass through any part of the town on its way to the country : provided, that each cask shall be put into a leather bag, closely tied up and marked as aforesaid, and so remain until without the bounds of said town. Sec. 12. And be it furt/ier enacted, That all boats em- ployed in transporting gun])owder shall have the casks of powder covered with canvas, and shall have a red flag dis- played in the bow or stern of the boat, so long as any pow- der remains on board. Sec. lo. And be it further enacted. That all persons who wish to have a license to keep and sell gunpowder within the town, shall make application to the town council in writing, stating their place of business, and whether they wish to sell by wholesale or retail, or both ; and to each person or firm who may be approbated, a certificate of license shall be granted on payment of the fee established by law. Sec. 14. And be it further enacted, That every person or firm who may be licensed to sell gunpowder by retail, shall be allowed to keep in the place or building designated in the license, twenty-five pounds of gunpowder, and no more at one time, which shall always be kept in tin or copper canisters, capable of containing no more than twelve and a half pounds each, with a small aperture at the top, and a tin or copper cover thereto. Sec. 15. And be it further enacted. That every person or firm who may be licensed to sell gunpowder by wholesale, shall provide and keep a tin or copper chest, with two 9 Same subject. Transportation in boats. Applications for licenses to keep and sell gunpowder. Retail dealers in gunpowder. Wholesale dealers in gunpowder. 66 POLICE DEPARTMENT. Dealers to display a sign. Gunpowder may be kept in places desig- nated by town coun- cil. Penalties, how to be recovered. Act of June, 1802, repealed. handles and a tight cover, furnished with a hinge and se- cured with a padlock, all of tin or copper ; such chest shall always be kept on the lower floor, on the right side of and close to the principal door or entrance from the street into the building so licensed, except when otherwise designated by the council, and shall always be kept locked, except when powder is put in or taken out; and such person or firm, so licensed, shall be allowed to deposit and keep, in such tin or copper chest, a quantity of gunpowder not ex- ceeding four casks of twenty-five pounds each ; the heads of each cask not to be opened, and each cask to be kept in a strong leather bag, closely tied and marked as aforesaid. Sec. 16. And be it further enacted. That every person or film licensed to keep and sell gunpowder as aforesaid, by wholesale or retail, shall have and keep a sign-board placed over the door or building in which such powder is kept, on which shall be painted in Roman capitals the words LICENSED TO SELL GUNPOWDER. Sec. 17. And be it furt/ier enacted, Th-di no gunpowder shall be kept, otherwise than as before provided for licensed dealers, at any place within the town of Providence, except in such place or places, and in such buildings, as may be designated by the town council thereof. Sec. 18. And be it further enacted, T\\dX -aW fines, penal- ties and forfeitures, except otherwise herein prescribed, which may arise and accrue under the provisions of this act, shall and may be prosecuted for and recovered by in- dictment or action of the case, in any court of competent jurisdiction ; one half thereof to and for the use of the poor of said town, to be paid over to the treasurer thereof, and one half to and for the use of any person or persons who may prosecute or sue for the same; and this act shall be deemed and taken to be a public act, and shall and may be proceeded on as such. Sec. 19. And be it further enacted, That the act entitled "An act relative to the keeping of gunpowder in the town of Providence," be and the same is hereby repealed : provided, however, that the same shall continue in force for the pur- pose of prosecuting all offences which may have been com- mitted prior to the passing hereof. POLICE DEPARTMENT. 67 AN ACT REGULATING THE STORING OF LIME IN THE TOWN OF PROVIDENCE. .Sectio.v 1. Storage of stone-lime in buildings, below highest tide-water mark, pro- hibited. Section '2. Penalty in case of tire resulting from unlawful storage. Section 1. Be it enacted by the General Assembly, and by the ai/tho'ity thereof it is enacted, That it shall not be lawful to deposit stone-lime on any floor, platform or ground, within any store or other building in the town of Providence, below the highest tide-water mark ; and in case any lime shall be deposited contrary to the true intent and meaning hereof, the town council of said town are hereby empowered to order such lime to be forthwith removed, by the owner or occupant of such store, or owner of such lime ; and in case the owner or occupant of such store, or owner of such lime, shall refuse or neglect, for the space of twenty-four hours after notic*^ of such order, to remove such lime, he, she or they so offending shall be liable to pay, to and for the use of said town, a fine not exceeding forty dollars; and said town council shall and may cause the same to be forthwith removed, and may cause so much of said lime to be sold at public auction as will be sufficient to defray the expenses of such removal. Sec. '2. And be it/urther enacted, That in case any dam- age shall happen by fire by the storing of lime contrary to the true intent and meaning of this act, the occupant of the store or building in which such lime shall be stored shall be liable to and pay a fine not exceeding five hundred dollars, to and for the use of said town. Act Of 1805 February' 26. Storage of nie ( )rder for removal. Penalty for neglect to remove. Penalty in case of fire resulting from un- lawful storage. AN ACT REGULATING THE PILING OF LUMBER AND WOOD WITHIN CERTAIN LIMITS IN PROVIDENCE. Lumber and wood not to be piled higher than thirteen feet within certain limits. Act Of 1831 November '2, Be it enacted by the General Assembly, and by the authority Lumber and wood thereof it is enacted, That from and after the rising of this d^n*" 'thiril'en'"feet general assembly, no person shall pile or cause to be piled, or aid or assist in piling, or within his or her possessions, within certain limits 68 POLICE DEPARTMENT. For these limits, suffei' 01" permit to be or to remain piled, any boards, planks, sec sec. o of the act , . . re/erred to behnv. shinglcs, timber, clapboards or other lumber, or any wood, in any pile or heap to a greater height than thirteen feet, in any place in the town of Providence, within the limits within which the erection of wooden buildings exceeding in height thirteen feet is now prohibited by law. And every person offending against any of the provisions of this act shall be subject to the same fine, forfeiture and penalties, to be re- covered in the same manner, as provided in and by the fourth section of the act entitled "An act to prevent erect- ing wooden buildings in certain parts of the town of Provi- dence." * Penalty, and how to be recovered. * Section 4 of this act, passed October- 31, 1S17 , {see October session, fiage 3(i ; Di- gest of 1822, page 471), is asfolloivs : " Sec. 4. And be it further enacted. That every person who shall erect or add to or cause to be erected or added to any building in said town of Providence, contrary to the true intent and meaning and against the provisions of this act, shall forfeit and pay a fine of not less than fifty dollars nor more than five liundred dollars, according to the nature and aggravation of the offence ; to be recovered by information in the supreme judicial court, which it shall be tlie duty of the attorney-general to file in all cases which may come to his knowledge, or by indictment before said court." Chapter 501 of April 24, 1885. Regulation of boot- blacks, newsboys and street venders. AN ACT IN AMENDMENT OF CHAPTER .598 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, A. D. 1866, ENTITLED "AN ACT TO REVISE, CON- SOLIDATE AND AMEND AN ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PROVIDENCE,' AND OF THE SEVERAL ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO." Section 1. Regulation of bootblacks, newsboys and street venders. ■ Section 3. Exception of certain venders. 4. Operative clause. 2. Penalty. // is etiactcd by the General Assembly as foUoivs : Section 1. The board of aldermen of the city of Provi- dence may make rules, regulations, orders and restrictions concerning bootblacks, newsboys, hucksters, street venders, hawkers and peddlers carrying on their vocations as such respectively within said city. Said board of aldermen may POLICE DEPARTMENT. 69 Penalty. also make rules, regulations, orders and restrictions con- cerning the method and manner of carrying on of either or all of said vocations, and the places where the same may be carried on, and concerning the conduct of the persons carrying on the said or either of the said vocations, as it may deem proper, and may from time to time alter, amend or add to such rules, regulations, orders and restrictions. Sec. 2. Whoever shall violate any of the rules, regula- tions, orders or restrictions made by the said board of alder- men, pursuant to the authority given by the preceding sec- tion, shall be fined not exceeding twenty dollars or be im- prisoned not exceeding ten days. Sec. 8. Nothing herein contained shall be deemed to affect hawkers and peddlers selling under a state license, or any person selling religious books and publications in behalf of bible, tract or other religious or moral societies for the purpose of promoting religious or moral improve- ment, and which are sold for that purpose and not for pecun- iary profit ; or butchers retailing meats from carts, or persons retailing from carts or baskets fruits or vegetables grown in the state, or any person selling any article manu- factured with his own hands, or any article of household manufactuie. Sec. 4. All acts and parts of acts inconsistent herewith operative ciaus are hereby repealed ; and this act shall take effect on and after its passage. Exception of certain venders. AN ACT IN AMENDMENT OF CHAPTER 598 OF THE STATUTES, ENTITLED "AN ACT TO REVISE, CON- SOLIDATE AND AMEND THE ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PROVIDENCE,' AND THE SEVERAL ACTS IN ADDITION THERETO AND IN AMENDMENT THEREOF." Chapter 685 of April I'-', 1878. Section 4. Powers of constables. 5 Appointments until January, 1879. G. Inconsistent acts repealed. Section I. .'\ppointment of constables to serve civil process. -. Vacancies may be filled. H. Revocation of appointments. // /s enacted by the General Assembly as folloivs : Section 1. The board of aldermen of the city of Provi- Appointmentofcon- d, ,, . , 1 r T <• 1 • Stables to serve civil ence shall, in the month of January of each year, appoint process. 70 POLICE DEPARTMENT. Vacancies. Revocation. Powers of constables. Appointments until January, 1879. Inconsistent acts repealed. constables, not exceeding ten in number, who shall hold office for the term of one year from the time of appoint- ment and until their successors are elected and qualified; and every such constable so appointed shall before entering upon the duties of his office, execute and deliver a bond to the treasurer of said city, with at least two sureties, to be approved by said board of aldermen, in the sum of two thousand dollars, for the due and faithful execution of his office according to law. Sec, 2. In case of death, resignation or removal of any constable, said board of aldermen may fill by appointment any such vacancy so made for the balance of the time for which such constable, so dead, resigned or removed, was appointed; and such appointee shall give like bond as is required in section one of this act. Sec. o. The board of aldermen shall have power to re- voke any appointment of constable made as aforesaid after due hearing. Sec. 4. Constables in the city of Providence shall have and possess all the powers and be subject to all the liabil- ities now given or imposed upon constables by law, except as hereinafter limited. No constable appointed in any other town of this state shall have power to serve any civil process in the city of Providence, except such process shall be issued by a court or magistrate outside of said city, or the party plaintiff or defendant, or some one of them, shall reside without said city. Constables appointed under this act shall not serve any civil process outside of the city of Providence, except such process shall issue from a court or magistrate in the city of Providence, or the party plaintiff or defendant, or some one of them, shall reside in said city. Sec. 5. The board of aldermen of said city may appoint constables, not exceeding ten in number, who shall hold office until the appointment of constables in January, a. d. 1879, and such appointees shall give like bond as is re- quired in the first section of this act. Sec. 6. All acts and parts of acts inconsistent herewith are hereby repealed. FIRE DEPARTMENT. Chapter 654 AN ACT IN RELATION TO THE FIRE DEPARTMENT OF THE CITY OF PROVIDENCE. „f Februarys, 186' Section , Section 1. City council to elect three presidents i 2. Damages for blowing up buildings, of fire department ; chief engineer j • how to be paid, to be one ; their powers and duties. ] 3. Repeal of certain acts, and all acts inconsistent herewitli. // /s enacted by the General Asseinbly as follows : Section 1. The city council of the city of Providence Presidents of the fire shall annually elect three competent and judicious citizens, epar men . of whom the chief engineer of the fire department of said city for the time being shall always be one, who shall be styled presidents of the fire department, and who shall be severally empowered to give directions, and to see that the same are carried into execution, for the pulling down or blowing up of any building or buildings which shall be adjudged by them, or either of them, proper to be pulled down or blown up to prevent the spreading of any fire in to have powers of ... o-i •! riz-i 1 1 firewards under gun- said city. Said presidents of the tire department so elected powder act. shall also have all the powers and exercise all the duties See pages 02,03. conferred or imposed upon firewards in and by an act. enti- tled "An act regulating the storage, safe keeping and trans- portation of gunpowder in the town of Providence," passed by the general assembly at its October session, a. d. 1821. Sec. 2. If it shall happen by the pulling down or blow- of blowing up of . , , r . , ,. . ^ buildings. ing up, as provided tor in tlie preceding section, of any building other than that in which such fire shall first begin and break out, that the progress of any fire shall be stopped, or if such fire be stopped before it reach the same, then in 72 FIRE DEPARTMENT. Damages, how paid. Repeal of statutes. such case the owner or owners of such building or buildings shall be reasonably paid therefor by said city ; and the city council thereof is hereby empowered to raise by a tax upon all the ratable inhabitants of said city such sum of money as may be agreed on, or as shall be adjudged sufficient therefor by the court of common pleas for the county of Providence, which court is hereby authorized and empow- ered, upon application to it on this behalf made, to deter- mine and make order thereon. Sec. 3. The following acts, viz. : "An act providing in case of fire breaking out in the town of Providence," "An act empowering fire companies in the town of Providence to inflict penalties," passed November, a. d. 182G, "An act concerning firemen in the village of Olneyville,'" passed October, a. d. 1834, "An act concerning firemen in the city of Providence," passed January, a. d. 1842, "An act in re- lation to the extinguishing of fires in the city of Provi- dence," passed June, a. d. 1853, and all acts and parts of acts incansistent herewith are hereby repealed. Chapter 1100 of May 21, 1892. AN ACT TO CREATE A BOARD OF FIRE COMMISSION- ERS IN THE CITY OF PROVIDENCE. Section 1. Control and management of fire de- partment vested in fire commis- sioners, subject to control of citj' council . Section 2. City council to define their duties and fix their compensation and terms of office. 3. Operative clause. // is enacted by the General Assembly as folhnn'S : Fire commissioners how elected. Regulation by ordinance. Section 1. The control and management of the fire department of the city of Providence shall be vested, sub- ject to the control of the city council of said city, in a board of three fire commissioners, who shall be elected in joint convention by the city council of said city. Sec. 2. The city council of said city of 1^-ovidence shall, by ordinance, fix the terms of office, regulate and de- fine the duties, and fix the compensation of said commis- FIRE DEPARTIMENT. 7B sioneis, and may, from time to time, amend, alter, or repeal any such ordinance. Sec. o. All acts and parts of acts inconsistent herewith Operative clause, are hereby repealed ; and this act shall take effect from and after its passage. AN ACT TO DIMINISH THE DANGER OF FIRES IN THE CITIES OF TflE STATE. Section 1. Fire commissioners to inspect build- ings ; and may cause combustible materials to be removed. Section 2. Dwelling bouses are exempt from inspection. 3. Operative clause. Chapter 555 of May C, 1808. // /'s enacted by tJie General Assembly as follows : Section 1. The members of the board of fire commis- Fire commission- . ers to cause materials sioners, and the chief of the fire department, and his assist- to be removed that increase the danger ants, and any other officer or officers or member or members of fire. of the fire department acting under the direction of such board or chief, of each of the cities of the state, are hereby severally authorized and empowered to inspect all buildings and places in their respective cities where waste material of a combustible nature has been allowed to accumulate, or where such board or members thereof, or chief, assistant, or other officer as aforesaid, has reason to believe that such waste material of a combustible nature has accumulated or is liable to be accumulated. If such board or chief of the fire department, after any inspection made under the au- thority of this act, sliall, in their discretion, deem that any such accumulation of waste material of a combustible na- ture increases the danger of fire to the premises where such accumulation has been permitted, or to the property adja- cent thereto, such board or chief of the fire department shall give notice in writing to the occupant or occupants, or one of them, of the premises where such accumulation has been permitted, to remove or cause to be removed from such premises such waste material of a combustible nature within 10 74 FIRE DEPARTMENT. Occupants must pay cost of removal. Dwelling houses exempted. Operative clause. forty-eight hours after receipt by him of such notice. In case sucli waste material of a combustible nature shall not be removed within forty-eight hours after notice as afore- said, such board or chief of the fire department may cause the same to be removed from such premises, and there- upon shall cause notice in writing of the cost and expense of such removal to be given to such occupant or occupants, or one of them, and also certify the amount thereof to the city treasurer of the city, and in case such cost and expense shall not be paid to the city treasurer within thirty days after such notice, such city may recover such cost and ex- pense in an action of the case against* such occupant or occupants. Sec. '2. This act shall not authorize the inspection of any building used wholly as a dwelling house. Sec. 3. This act shall take effect from and after its passage. SCHOOL DEPARTMENT. AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT IN RELATION TO THE ELECTION OF SCHOOL COMMITTEE IN THE CITY OF PROVIDENCE." Chapter 649 of Feb. 14, 1867. .Section 1. Eligibility for school committee. •_'. Removal from ward vacates office. .Section- ■j. Inconsistent acts repealed. // is enacted by the General Assembly as foUoios : Section 1. No person shall be eligible as a member of Eligibility. the school committee of the city of Providence who is not Act of 1873, ch. 309. a resident in the ward for which he may be elected. Sec. '1. If any member of said committee shall remove Removal from ward from the ward for which he was elected, and shall fail to "vacates o ce. send in his resignation to said committee as a member thereof within three months after such change of residence, his place in said committee shall be deemed vacant, and it Vacancy, how to be shall be the duty of the members of said committee from the ward for which such member was originally elected, to See page 76 for Act J . £1, , . ^, -1 1 r • of 1891, Ch. 996, Sec. proceed to nil such vacancy m the manner provided for in 2, which supersedes the seventh section of the act to which this is in amend- theactrefJi^ed to"° ment. Sec. :t. All acts and parts of acts inconsistent herewith inconsistent acts are hereby repealed. repealed. 76 SCHOOL DEPARTMENT. Chapter 778 of March 14, 1889. Obsolete. See Ch. 990 below. Members of school committee, ex-officio. Operative clause. AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT IN AMENDMENT OF AN ACT ENTITLED 'AN ACT IN RELATION TO THE ELECTION OF SCHOOL COM- MITTEE IN THE CITY OF PROVIDENCE' PASSED AT THE JANUARY SESSION A. D. 1867, AND OF THE ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO." .Section 1-4. Obsolete. 5. Members ex-officio. Section 6. Operative clause. // /s enacted by the General Assembly as folltnvs : [Note. — The first four sections of this act are obsolete by lapse oi time, or by provisions of Chapter 996, of May 29, 1891.] Sec. 0. The mayor, the president of the common coun- cil, and the chairman of the committee on education of the city council of said city of Providence for the time being, shall be ex-officio members of said school committee, and, together with the members retained, elected or appointed under the provisions of this act, shall constitute the school committee of the city of Providence. Sec. 'ing rooms. External walls of brick buildings. Act of 1894. Cb.i;«9. Sec. 5. Stand jjipes. Hoistways and elevators. Stairways and doorways . 108 BUILDINGS. Partitions for stairways. Stair landings. Stairways in theatres. Pitch of stairs. Inclines. line three inches above the base board thereof, or six inches above the rake of the nosings, if there be no base board, shall be filled in solid with brick or stone set in mortar, concrete grouting, tile, or other incombustible filUng ; if the stairs are wainscoted, there shall be a similar filling three inches above and below the top lines of the wainscoting ; and when such buildings are over three stories high, ware- houses, store-houses and business buildings over fifty feet high, said partitions shall be constructed as above de- scribed, and shall be further either filled solid in a similar manner for the whole height thereof, or be plastered on the sides adjoining the stairway on iron laths or wire netting, or covered with tile or other incombustible, non conducting material. Public halls, churches, school-houses, and places of pub- lic assembly, not hereafter excepted, and business buildings within the first building district, shall have stairway parti- tions constructed as herein described; but unless filled in solid, shall be plastered on both sides on iron or wire laths, or be covered with other incombustible, non-conducting material. In all buildings herein mentioned the spaces between the floor-joists in each story at the stair landings, and the space above the floors immediately below the stairs, if ceiled with wood or plastered on wood laths, shall be filled with mortar or concrete from the top of the laths or ceiling to one-half inch above the bottom of the floor-joists, and all connection between such spaces and other parts of the floor shall be stopped off by similar flUing. In theatres or public halls fitted for theatrical perform- ances, stairway partitions and enclosures must be substanti- ally incombustible. Stairs occupied by or exits leading from any place of pub- lic assembly, shall not have a pitch greater than eight inches rise to tw-elve inches run, nor shall discharge at right angles with, or confronting each other, upon or into any common landing or corridor of less than the united width of such exits, nor unless separated by a sufficient railing or partition. Whenever practicable, inclines at a pitch not exceeding one in ten shall be substituted for stairs. BUILDINGS. 109 No doorway or stairway leading from a theatre or other place of public assembly, shall be less than five feet wide ; and the aggregate width of doorways and stairways, from galleries or interior compartments of such buildings, shall be in the proportion of at least eighteen inches to each one hundred persons at any time contained therein. Exterior openings or stairways shall have the same proportionate width to the whole number contained in the building. Jkiildings over two stories high, v/here combustible arti- cles or materials are manufactured, wherein over two hun- dred operatives are employed, must have at least two egress stairways, to be if practicable at least fifty feet apart, and if that distance is not practicable shall have stairways at each end. Sec. 27. Every building or hall which is or shall be fitted up for theatrical or other performances, requiring the use of inflammable materials, stage, etc., shall be provided with not less than two stand-pipes, at least two and one half inches in diameter, located in such positions as the inspec- tor of buildings shall approve, to each of which shall be attached one or more lengths of hose or sprinkling pipes, so as to reach every part of such stage and audience room and the connections therewith. And whenever said stage or hall shall be in use, such stand-pipes shall have the water turned on and a suitable person stationed at the hose ready for service. Every building which may hereafter be built for the purposes herein set forth, shall have the staircases connecting with all floors and galleries enclosed with fire- proof walls or partitions; and the staircase from the stage shall be accessible from every level of its appurtenances. The wall separating the stage from the audience room shall also be of fire-proof material from the level of the ground to the roof, and all openings in such wall shall be closed with incombustible shutters or doors, or curtains which shall be lowered at the close of each performance. The overheads immediately beneath the floors of the auditorium, stairways or corridors of places of public assem- bly to be hereafter built, shall be plastered on iron laths, or wire netting, or protected by incombustible material, unless Width of doorways and stairways. Exterior exits. Certain buildings to have tw-o egress stairways. Public assembly buildings. Overheads to be plastered. no BUILDINGS. Churches exempt, when. Tenement and lodg- ing bouses. Act of 1885, Ch. 50-2. Sleeping rooms. Ch. 502, as above. Halls. Fire-escapes. Ch. 502, as above. Roof and stairs. Ventilation. Ch. 502, as above. Chimneys. Ch. 502, as above. Regulation by the board of health. Ch. 502, as above. such floor be within three feet of the ground, and the space thereunder be enclosed by incombustible walls, and kept clear of combustible material or heating apparatus. The auditoriums of churches shall be exempt from these require- ments : provided, the premises thereunder be used for church purposes only, and the heating apparatus be enclosed in a room properly guarded against taking fire. Sec 28. Tenement and lodging houses shall conform to all the requirements for dwelling-houses hereinbefore con-- tained, and to the following provisions, viz. : Every sleeping room not communicating directly with the external air, shall have a transom window at least three square feet in area over the door leading into the adjoining room, if such room communicate with the external air, and also over the door leading into the hall ; where said room cannot ventilate into the hall, it shall have a window opening into an adjoining room which communicates with the hall. The halls on each floor shall have suitable windows, and shall not be obstructed by rooms of otherwise at the ends, unless light and ventilation therefor is otherwise provided. Every tenement or lodging house shall have proper means of escape in case of fire. The roof of every such house shall be kept in good repair, and no water therefrom shall be suffered to drip to cause dampness in walls, yard or area. Stairs shall have proper balusters or railings, and be kept in good repair. Every habitable room less than one hundred feet in area shall connect directly with the external air, or have an open fire-place, or be provided with a special air-shaft extending to the roof, or be otherwise properly ventilated. Every such house shall have adequate chimneys running through every floor, with an open fire-place or grate, or place for a stove, properly connected with one of said chim- neys, for every family and set of apartments. The board of health may make such other regulations for the safety and ventilation of tenement houses as they may deem necessary to protect the health of occupants, or the public health. BUILDINGS. . Ill No building hereafter erected, or portion thereof, shall be Area of tenement leased, rented or occupied as a lodging or tenement house, unless it shall conform in its construction and appurtenances '' ''^^* "^*' to tiie requirements for dwelling-houses hereinbefore con- tained, and shall not be over three stories high or two thous- and square feet in area, unless its exterior walls are of brick stone or concrete ; and on streets twenty feet or less in width, shall not be over thirty-five feet high. No such house shall exceed two thousand square feet in area, unless divided by a brick wall without openings. Sec. 29. Such person as the board of aldermen may Coai-hoies and side- ,. • 1 1 1 • I • ■ r 1 walk vaults. direct IS hereby authorized to issue permits for the construc- tion of coal-holes, and vaults under the sidewalk, upon the following conditions, viz. : The outer wall next to the carriage-way or roadway shall Construction of side- 1 I • ■ 1 1 • 1 1 <■ 1 r • walk vaults. be not less than thirty inches thick and formed of granite or building stone laid with good cement ; and no part thereof within two feet of the top of the edgestone shall project beyond the edgestone. The side walls shaU be at least one foot thick of good hard brick or granite blocks, or sixteen inches thick of building stone, and must be laid in cement mortar. The top shall be formed either by a brick arch turned in a good and substantial manner, or by covering with rough-hammered granite at least eight inches thick, or bluestone or North River flagstone at least six inches thick, or iron and glass similar to the " Hyatt Light," as it is called, or with rough surface iron. The aperture in the sidewalk over any coal-hole or vault Aperture of coai-hoie. shall not exceed eighteen inches in diameter, and shall be covered with a substantial iron plate with a rough surface, or with iron and glass as is hereinbefore provided. The en- tire construction of such coal-holes and vaults shall be sub- ject to the directions and supervision of the inspector of buildings, or such person as the board of aldermen may designate. Coal-slides may be placed in the sidewalks, if Coai-siides. constructed of at least eight-inch brick walls laid in good cement, and the hole covered with a proper, substantial, rough iron plate. 112 BUILDINGS. Liabilities for damages. Coal-holes not to be left open. May be secured by inspector. Steam boiler or fur- nace under the side- walk. Kxcavations mav be filled. The owner and tenant of the abutting estate, in front of which the coal-hole or vault is constructed, shall be respon- sible to the city for damages to persons or property in con- sequence of any defect in the construction of such vault or coal-hole, or for allowing the same or any portion thereof to remain out of repair ; and such owner and tenant shall be required to keep the said vault or coal-hole, its walls and coverings, in good order at all times, and the tenant shall be responsible to the city for damages occasioned to per- sons or property in consecjuence of the aperture in the side- walk being left uncovered, or from the covering thereof being left insecure or unfastened. No person shall leave such coal-hole, excavation or aper- ture opened or unfastened after sunset, nor in the day time, unless while in use by some person actually attending the same. Whenever any coal-hole or vault under any sidewalk or any aperture constructed therein shall not be covered, or secured as provided in the preceding paragraphs of this sec- tion, or shall, in the opinion of the board of aldermen, be unsafe or inconvenient for the public travel, said board may order the same to be removed, and a suitable one put in its place ; and if the same shall not be done within ten days from the service of the said order on the owner or tenant of the premises, or other person having the care thereof, the inspector of buildings shall make such change, and the ex- pense thereof shall be paid by such owner, tenant or other person having the care of the premises. The owner or occupant of any estate may, with the per- mission of the board of aldermen, locate and use under the sidewalk and street adjoining the same, steam boilers, fur- naces, or other heating apparatus, but no explosive sub- stance nor any inflammable oil shall be placed or kept, and no cesspool or privy shall be built or used, under any street or sidewalk ; nor any excavations, when permitted, be ventilated into said sidewalk. Any excavation under a sidewalk shall be closed and filled up at the owner's expense, after one week's notice to that efifect given by the board of aldermen. BUILDINGS. 113 Every application for a permit, under this section, shall be made in writing, and be signed by the applicant, and shall set forth the dimensions of the proposed excavation or aperture, and the purpose for which it is to be used ; and such excavation or aperture shall not be used for any other purpose than that stated in the application, without the con- sent of the board of aldermen ; and such permit may at any time be revoked by said board. Every such applicant will be required to sign an agreement to conform to the requirements of the conditions upon which the application is granted. Said conditions shall be printed upon each permit, and any violation of the same shall work a forfeiture of the privi- lege thus granted, and the board of aldermen shall cause such privilege to be revoked accordingly. Sec. oO. No person shall hereafter erect, alter or en- large any building for a stable, except in such place as the board of aldermen shall first approve and direct. The supreme court or any justice thereof, either in term time or vacation, may issue an injunction to prevent the erection, altering, enlarging or use of any stable contrary to the pro- visions of this section. Sec. ol. [Repealed by Chapter 502 of xA.pril 24, 1885.] Sec. 32. Every person desiring to remove a building shall make application to the inspector of buildings, stating the length, width and height thereof, materials of exterior walls and roof, the place from and to which, and the route by which, it is to be carried, and the time required for re- moval, and shall sign an agreement to make said building conform to the requirements of law for a new building in the new location. The inspector shall thereupon have said building examined, and if it be found not liable to endanger adjoining property, or to endanger or unduly incommode the public, shall, with the approval of the highway commis- sioners, issue a permit for its removal. No lamp post shall be disturbed except by written con- sent of the superintendent of lights, and no tree shall be cut except by written consent of the highway commissioners. Damage to public or private property shall be repaired at the expense of the mover. 15 Permits for use of ^pace under tlie side- ^valk. Stables. Removal of build- ings. I. amp posts and trees. 114 BUILDINGS. Lights at night. License to move building. Unsafe buildings. Survey of party wall. Examination of structures reported unsafe. Whenever and so long as any building or section of a building shall remain in or upon a highway, the person re- moving the same, or the owner thereof, shall by night keep a good and sufficient red light at each end of said building, and a suitable watch about the same. No person shall move a building into or through any street without being licensed for such business. Licenses may be issued by the inspector to any suitable person filing in his office an application therefor, accompanied by a bond for one thousand dollars, with satisfactory surety for com- pliance with the requirements of this act ; said license shall be forfeited by any violation of this act, and shall not be re- newed until the penalties incurred are satisfied. Sec. 33. Whenever it shall be proposed to erect a build- ing against a party wall, about which wall there shall exist doubts as to its ability to sustain safely the increased load to be put thereon, the inspector of buildings shall cause a survey to be made by three competent persons — architects, master-builders or civil engineers — whose opinion shall be conclusive as to the necessity of rebuilding said party wall ; and if said persons decide that the said wall should be re- built, the same may be rebuilt, and the costs and damages incident thereto shall be paid by the parties in proportion to the benefits received therefrom. If any building or part of a building, staging, or other structure, or anything attached to or connected with any building, or other structure, shall from any cause be re- ported unsafe, the inspector of buildings shall examine such structure, and if in his opinion the same be unsafe, he shall immediately notify the owner, agent, or other person having an interest in said structure, to cause the same to be made safe and secure, or that the same be removed, as may be necessary. The person so notified shall be allowed until twelve o'clock, noon, of the day following the service of such notice, in which to commence the securing or removal of the same ; and he shall employ sufficient labor to remove or secure the said building as expeditiously as can be done : provided, however, that in a case where the public safety re- quires immediate action, the inspector of buildings may BUILDINGS. 115 enter upon the premises with such workmen and assistants as may be necessary, and cause the said unsafe structure to be shored up, taken down, or otherwise secured, without de- lay, and a proper fence or boarding to be put up for the protection of passers-by. When the public safety does not demand immediate Survey by disinter- ested persons. action, if the owner, agent or other party interested in said unsafe structure, having been notified, shall refuse or neg- lect to comply with the requirements of said notice within the time specified, then a careful survey of the premises shall be made by three disinterested persons, one to be ap- pointed by the inspector of buildings, one by the owner or other interested party, and the third chosen by these two, and the report of such survey shall be reduced to writing, and a copy served upon the owner or other interested party ; and if said owner or other interested party refuse or neg- lect to appoint a member of said board of survey within the time specified in said last notice, then the survey shall be made by the city engineer and the overseer of public build- ings in said city, and in case of disagreement they shall choose a third person, and the determination of a majority of the three so chosen shall be final. Whenever the report of any such survey shall declare the structure to be unsafe, and the owner or other interested person shall for three days neglect or refuse to cause such structure to be taken down or otherwise be made safe, the inspector of buildings shall proceed to make such structure safe or remove the same ; and the costs and charges shall become a lien upon said estate, to be collected according to the provisions of Chapter 165 of the General Statutes, but without prejudice to the right which the owner thereof may have to recover the same from any lessee or other person liable for repairs : provided, that nothing herein contained shall authorize the recovery by the lessor of the lessee of the cost which may have been rendered necessary through the default or negligence of the lessor, or through want of repair or defects existing in said premises at the commence- ment of the lease. Powers of the inspector. 116 BUILDINGS. Penalty for not taking dowii unsafe structure. Right of appeal Right of the city to recover penalties. Injunction, Buildings which appear dangerous in case of fire. Upon citation to the owner or lessee of any structure alleged to be unsafe by the inspector of buildings, if the owner, or other interested party, being notified thereof in writing, shall refuse or neglect to cause said structure to be taken down or otherwise made safe, said owner, or other interested party, shall forfeit to the use of the city, for every day's continuance of said refusal or neglect, a sum of fifty dollars. Any owner or other interested person ag- grieved by any order made by the inspector of buildings under the provisions of this section may, within three days after the service thereof upon him, apply to the supreme court, if sitting in the county, or to any justice thereof in vacation, for a jury trial, and the court or justice thereof shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant ; which jury may affirm, annul or alter such order, and the sheriff shall return the verdict to the court, if in session, and if not in session to the next term thereof, for acceptance, and being accepted, it shall take effect as an original order. If the order is affirmed, costs shall be taxed against the applicant; if it is annulled, the applicant shall recover such damages as the jury may award him, and costs against the city ; if it is altered in part, the court may render such judgment as to damages and costs as justice may require. Nothing contained in the preceding section shall be con- strued to bar the right of the city to recover the penalty enacted for the continuance of the refusal or neglect of the owner or other interested party to cause the structure in question to be taken down or otherwise made safe, unless the order is annulled by the jury. In case the building or structure alleged to be unsafe shall be in process of erection, alteration or repair, the su- preme court, or any justice thereof, either in term time or vacation, upon application may issue forthwith an injunction restraining further progress in the work on said building until the facts of the case shall have been investigated and determined as hereinbefore provided. If any building shall appear upon examination by the inspector of buildings to be especially dangerous in case of BUILDINGS. 117 fire, by reason of insufficient thickness of walls, overloaded floors, defective construction, or other causes, such build- ing shall be held and taken to be unsafe within the mean- ing of, and subject to all the provisions of, this act ; and the inspector of buildings, besides proceeding as herein- before provided, may affix a notice of the unsafe character of the structure to a conspicuous place on the exterior wall of said building. Upon complaint, the inspector shall examine any hotel. Fire escapes may be boarding, lodging, tenement or apartment house, mill, man- require ufactory, office, workshop having employees on any story above second story, or church, now erected, and shall re- quire such building to be provided with proper and sufficient fire-escapes, stairways and exits, constructed as described in this act ; but in all such buildings, except factories, mills, manufactories and workshops, stud partitions already built shall be exempt from the requirements hereof. The inspec- Exemptions, tor shali further examine all other buildings for public as- sembly, already built, and also boiler houses and rooms, and their heating apparatus, now built ; and if in his judg- ment the safety of the public requires it, he shall require that the same be made to conform to the provisions of this act. Sec. 34. Any wooden building in the first district may Wooden buildings in be altered or repaired, subject to the approval of the inspec- *^"^ district, tor of buildings, provided its area or height is not increased; Act of isw.ch. 13.39, except, whenever an old building shall be torn down or burned to the extent exceeding one-half of such building (such half to be measured in cubic feet) the rebuilding thereof shall be termed the erection of a new building. No wooden building shall be removed from without to within the first district. Sec. 35. No wooden building, other than dwellings, wooden buildings in coal, or grain elevators, and ice houses, provided such ice second district. houses are not located nearer than seventy-five feet to any Act of m, , ch. -183, other building used for any other purpose, shall be built in the second district, the area of which shall exceed two thousand feet, or which shall be more than thirty feet in height. Said area shall not, however, include any open shed 118 . BUILDINGS. attached to any building, nor shall said height include any ventilator, stairway, bulkhead, or church spire : provided, howeTer, that all such sheds, ventilators, bulkheads, and spires shall have their roofs covered with incombustible ma- terial. All wooden buildings, except coal or grain elevators and wooden buildings built on wharves, piers, or bulkheads, if built within five feet of an adjoining lot line, or an ad- joining building, shall have the external wall, on such side or sides, built of brick at least eight inches thick, or the space between the studding filled in flush full with brick and mor- tar, or some other equally incombustible material : provided, that in that portion of the city which, previous to the passage Tune 13 1894 °^ Chapter 1389 of the public laws, was not included in the See Sec 4 a e 90 building districts of said city, this provision shall not apply to dwelling houses constructed within five feet of an adjoin- ing lot line, when no building exists upon such adjoining lot within ten feet of the proposed dwelling house. Party walls or division walls between adjoining houses, thirty-five feet or more in height, shall be of brick not less than twelve inches thick to the top of the second floor above the street and eight inches thick for the remaining height ; such walls less than thirty-five feet in height may be eight inches thick for the eptire height. Doorways may be cut through, or built in said walls, upon application to, and a permit from, the inspector of buildings : provided, that no doorway shall be cut through or built in any such wall in any building used for a hotel, lodging, or tenement house, or for the storage of inflammable or dangerous materials. Every such doorway shall be provided with tin covered, self-closing doors, satisfactory to the inspector of buildings. Upon proof being shown that said doors are in any manner pre- vented from operating as intended, said inspector shall have the power to revoke said permit, and said doorway shall be filled up with brick and mortar or some similar material. In dwelling houses the brick wall shall be built up to the roof covering, which shall be laid and imbedded in mortar or cement upon said wall. Fire-stops and Sec. 3(». Every brick building and all wooden buildings, smoke-stops. exccpt dwelling houses, in the second district, shall have ^'"'"".Sec'.Si!'^^^^' a fire-stop of incombustible material at each floor, from the BUILDINGS. 11' bottom of the floor joist to three inches above the top of the same. Said fire-stop at each floor shall fill the spaces full between the studding and furring entirely around the external walls of the building and through the interior where- ever the floor joists have a bearing. All dwelling houses in the second district shall have a fire-stop similar to the above at the first floor. Said dwelling houses at each floor above the first shall have a smoke-stop of wood the full depth of studding and not less than two inches thick. An incombus- tible fire-stop shall be put around all vertical piping at each floor. All ventilating ducts or pipes shall be of incombus- tible material. No building shall be covered by lathing, sheathing or otherwise until the inspector of buildings has by examination ascertained that said building is in com- pliance with the above provisions. Said inspector shall be notified by the owner or duly authorized agent, or by the builder, whenever any building is ready for inspection. Sec. 37. In all cases where, by the provisions of this act, notice is required to be given, such notice shall be served by posting a written or printed copy thereof on the premises concerned, and either leaving a duplicate copy thereof at the usual place of abode of the party interested, if within the city, or by mailing such duplicate in a regis- tered letter to the usual address of said party, if residing without the city, or publishing the said notice for three suc- cessive days in the newspapers employed to do the city printing. Any notice served upon the architect or other duly authorized agent in charge of any building or estate, shall be binding upon the owners thereof. Any person violating any provision of this act wherein no penalty is herein otherwise prescribed, shall be fined twenty dollars for every violation thereof, and shall be fined not exceeding twenty dollars for each day's continuance of the said violation after the service of the warrant issued upon the first complaint. The supreme court in term time, or any justice thereof in vacation, may restrain by injunction any violation of this act, and may, according to the course of equity, secure the fulfillment and execution of the provisions thereof. Notices, how to be served. Penalty. Injunctions. 120 BUILDINGS. Fines to be paid into city treasury. Inconsistent acts repealed. Fines recovered for the violation of any of the provisions of this act shall be paid into the city treasury. Sec. 38. All acts and parts of acts inconsistent here- with are hereby repealed. Chapter 1406 of Mav 17. ISOr). Notice of intention to build. Definition of street line and grade. Permit to build. AN ACT IN ADDITION TO CHAPTER 688 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, A. D., 1878, ENTITLED "AN ACT IN RELATION TO BUILDINGS IN THE CITY OF PROVIDENCE AND FOR OTHER PUR- POSES." Section 1. Notice of intention to build. 2. .Street line and grade to be defined. .3. Permit to build. Section 4. Obstructions in street prohibited ; penalty. 5. Operative clause. It is enacted by the General Assembly as follotus : Section 1. Every person intending to'erect any building or other permanent structure within ten feet of any street or highway in said city, whether said street or highway is duly received by said city or otherwise dedicated to public use, or to alter the location of the external wall of any existing building, which wall is in like proximity to such street or highway, shall, six days before proceeding to build or to alter the location of such external wall, and before taking out a permit for the same, file in the office of the city en- gineer a written notice of such intention, stating the use and location of the structure as proposed. Sec. 2. The city engineer shall, within five days after receiving the notice specified in the foregoing section, pro- ceed to mark out and define the street line adjacent to the proposed structure, if such line can be accurately deter- mined. He shall also, within the said time, mark the grade of the adjacent street if such grade has been duly estab- lished or defined, and shall make such return of said mark- ing of line and grade to the inspector of buildings as shall be necessary for said inspector's information. Sec. 3. The inspector of buildings shall not issue any permit for building until he is satisfied that the applicant has complied with the provisions of the foregoing section. BUILDINGS. 121 Sec. 4. No peison shall obstruct any street in said city, obstructions in street prohibited. or any part thereof, by building or placing therein any tem- porary or permanent structure, or any portion of such struc- ture, except in conformity with the provisions of said Chapter 088 of the public laws, and of the acts in amend- ment thereof, and in addition thereto. Any person thus obstructing any street as aforesaid, or aiding or assisting therein, shall be fined twenty dollars for every such obstruc- Penalty, tion, and shall also be fined not exceeding twenty dollars for each day that such obstruction shall continue. Sec. 5. All acts and parts of acts inconsistent herewith Operative clause. are hereby repealed, and this act shall take effect from and after its passage. AN ACT IX AMENDMENT OF CHAPTER 68S OF THE PUBLIC LAWS ENTITLED "AN ACT IN RELATION TO BUILDINGS IN THE CITY OF PROVIDENCE AND FOR OTHER PURPOSES," AND THE SEVERAL ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO. Chapter 636 of March .-J.IW)!!. Section 1. Shelters over sidewalks. Section '2. Operative clause. // is enacted by the Genetal Assembly as folloius : Section 1. The board of aldermen of the city of Provi- dence is hereby authorized at any time in its discretion to permit the owner or owners of any estate and building thereon which abuts on any public street or highway to con- struct and maintain a shelter from such building over the sidewalk abutting on such estate, and support the same by posts or other supports set upon or next to the curbstone in such sidewalk : provided, that every part of such shelter except such posts or supports shall be at least nine feet above such sidewalk ; and provided, that with the applica- tion for such permit shall be filed a plan and specifications of such shelter, which shall be referred by said board of aldermen to the inspector of buildings of said city, who shall approve the same before the granting of any such per- mit. In case such permit shall be granted the work shall k; .shelters over side- walks. 122 BUILDINGS. Operative clause. be done under the inspection of said inspector. Said board of aldermen may at any time in its discretion revoke any such permit and order any such shelter to be removed by the owner or owners of such estate, and in case of their failure to remove the same within three days after notice given in the manner provided in said Chapter 688 and the acts in amendment thereof and in addition thereto, the com- missioner of public works of said city shall cause the same to be forthwith removed. Sec. 2. This act shall take effect from and after its pas- sage. General Laws Chapter 108. OF PROTECTION TO LIFE FROM FIRE IN CERTAIN BUILDINGS. Section 1.. Fire escapes. 2. Inspector of buildings. 3. Duties of the inspector. 4. Fire escapes may be required. 5. Exemptions. 6. Certificate of compliance with law ; certificate may be revoked. 7. Right of entry by owner on leased premises. 8. Liability of owner. Section 9. Penalty for non-compliance. 10. Board of appeal. 11. Appeals, how taken. 12. Appeals, how heard. 13. Inspector's neglect to be deemed refusal. 14. Costs of appeal. 15. Elevators. 16. Guards and gates ; inspection. F'ire- escapes. Section 1. Every building three or more stories in height, now or hereafter used wholly or in part as a sem- inary, college, academy, school house, hospital, asylum, hotel, lodging-house for the accommodation of transient guests, factory or workshop in which employees are usually working in the third or any higher story thereof, and every building used for office purposes three or more stories in height, shall be provided by the owner or owners thereof either with proper and sufficient, strong and durable, metal- lic fire-escapes upon the external walls, sufficient in number, which fire-escapes shall extend from the highest occupied story to the top of the first story of said building, or with proper and sufficient incombustible stairs and stairways at opposite ends of the building, extending from the highest occupied story to the ground ; said stairs and stairways BUILDINGS. 123 Inspector of buildings. See Section 6, page 91. shall be connected by open passageways of suitable width; said fire-escapes, stairs, and stairways to be suitable and sufficient to afford to persons within said building proper egress from said building in case of fire therein, and to be kept in repair by said owner or owners. Sec. 2. The town councils of the several towns through- out the state, and the mayors of the several cities, except in the city of Providence, shall annually in the month of January elect an inspector of buildings, who shall be paid such amount for his services as shall be determined by the town or city council electing him. Sec. 3. It shall be the duty of the inspectors of build- Duty of inspector. ings of the city of Providence and of the other cities and towns, from time to time as may be necessary, to make a careful and thorough inspection of all buildings in the city or town for which they shall be elected, which in their opinion might, by reason of the height thereof, character, or number of stairways, number of persons ordinarily therein, or at work therein, nature of use of said buildings, nature of the industries or occupations carried on therein, or for any other reason, be specially dangerous to persons therein in case of conflagration in said buildings. Sec. 4. In case any other building than those in the Fire-escapes may be first section hereof specifically mentioned, other than pri- vate dwelling-houses not more than two and one-half stories high, occupied by one family, in the opinion of the inspector of buildings for the town or city in which said building is situated, shall require fire-escapes or stairs and stairways as hereinbefore provided, said inspector shall in writing notify and require the owner or owners thereof, within sixty days from the receipt of said notice, to provide said building with such fire-escapes or stairs and stairways ; and in such case it shall be the duty of said owner or owners to comply with said notice. Said inspector shall deposit with the city or town clerk for said town or city a true and certified copy of such notice, to be kept on file by said town or city clerk. Sec. 5. Said inspectors of buildings shall have power within their respective towns and cities, upon the applica- tion in writing of any owner or owners of any building in required. Exemptions. 124 BUILDINGS. Certificate of com- pliance with law. Certificate may be revoked. said town or city, setting forth specific, just and true rea- sons wliy said building should be exempted from the pro- visions of this chapter, to exempt by written certificate, set- ting forth the reasons therefor, any building from the pro- visions of this chapter, whenever, in tiie opinion of said inspector said building, by reason of location, special features of construction, or for any other reason, does not require said fire-escapes or said stairs and stairways : pro- vided, however^ that such written application, together with a duly-certified copy of such certificate of exemption, shall by said inspector be deposited with the city or town clerk for said city or town, to be kept on file by said city or town clerk ; and pfvvided further, XhzX such exemption may at any time be revoked by the inspector of buildings of said city or town upon thirty days' notice in writing to the owner or owners of said building. Sec. 6. Whenever the inspector of buildings for any city or town shall upon inspection be satisfied that any building in said town or city is provided with fire-escapes or with stairs and stairways, in accordance with the provisions of this chapter, he shall upon request of any owner of said building give to such owner a certificate to that effect, and shall deposit a certified copy thereof in the office of the city or town clerk for said city or town, to be kept on file by said city or town clerk. Such certificate, including any un- expired certificate heretofore issued, shall exempt the own- ers of said building from all civil and criminal liability under this chapter until revoked as hereinafter provided : provided, ho-ivever, that such certificate may be at any time revoked by the inspector of buildings for said town or city, by notice in writing to such owner to whom said certificate may have been issued, and by filing a copy of said notice of revocation with the said city or town clerk, to be by said city or town clerk kept on file ; and provided further, that in case said building shall be materially changed or altered in form or use, then such certificate shall be utterly void and of no effect. It shall be the duty of the several city and town clerks to receive and keep on file the notices and cer- tificates provided for in this chapter. BUILDINGS. 125 Sec. 7. The owner or owners of any building or prem- ises under lease, and their serv^ants and agents, may enter upon such leased building or premises for the public wel- fare, for the purpose of making said building conform with the provisions of this chapter, and may remain thereon dur- ing such time as may reasonably be required for the per- formance of such work as may be necessary to effect said purpose, interfering with the lessee no more than may be necessary. Sec, 8. In all cases in which any person shall suffer injury, or in w'hich the death of any person shall ensue, in consequence of the failure of the owner or owners of any building to provide the same with fire-escapes or stairs and stairways, as required by the provisions of this chapter, or in consequence of the failure of said owner or owners to comply with the written notice and requirement of any in- spector of buildings, when made in conformity to the pro- visions of this chapter, such owner or owners shall be jointly and severally liable, to any persons so injured, in an action of trespass on the case for damages for such injury ; and in case of death such owner or owners shall be jointly and severally liable in damages for the injury caused by the death of such person, to be recovered by action of trespass on the case, in the same manner and for the benefit of the same persons as is provided in sections fourteen and fifteen of chapter two hundred thirty-three ; which action, when the owners are non-residents, may be commenced by attachment. It shall be no defence to said action that the person injured, or whose death ensued as aforesaid, had knowledge that any such building was not provided with fire-escapes or stairs and stairways as required by the pro- visions of this chapter, or that such person continued to to work in or occupy said building with said knowledge. Sec. 9. The owner or owners of any building, or in case such owners, or any of them, be non compos mentis, or a minor, the guardian of any such owner, or in case such owners, or any of them, be non-resident, the agent of any such owner having charge of such property, who shall neg- lect or fail to comply with the foregoing provisions of this Right of entry by owner on leased premises. Liability of owner. Penalty for non- compliance," 126 BUILDINGS. chapter shall be fined not less than one hundred dollars nor more than five hundred dollars. In case there shall be sev- eral owners of any building which shall be continued in violation of said provisions of this chapter, proceedings may be had against any or all of them jointly, or against any one of them, for the recovery of such fine. Board of appeal. Sec. 10. The mayor of each of the cities in the state shall, in the month of April, in the year eighteen hundred ninety-seven, and in the month of April in each third year thereafter, appoint three competent men, two of whom at least shall be an architect or master-mechanic, as a board of appeal from the actions or decisions of the inspector of buildings in such city, as hereinafter provided, to hold their offices for three years, and until others are appointed and qualified in their stead ; and any two members of such board for the time being shall form a quorum for the transaction of its business ; and any vacancy, from any cause, may be filled by the mayor at any time, or from time to time, as occasion may require. And in the several towns of the state, the town council shall constitute such board of appeal from the inspector of buildings of the town. Appeals, how taken. Sec. 11. Any persou aggrfcvcd by the refusal of the inspector of buildings to give his certificate of exemption under section five, or his certificate of compliance with the provision of this chapter under section six, of this chapter, may appeal therefrom to such board of appeal, in the city or town of such inspector, by filing with such inspector, within three days thereafter, written notice of such appeal, and by filing with the city or town clerk, within three days after such notice, his reasons of appeal in writing, speci- fying the subject matter of such appeal, and paying to the clerk fifty cents for filing the same. Appeals, how heard. Skc. 12. Upon the filing of such reasons of appeal, the clerk shall enter the name of the appellant, with a general description of the building and its location referred to therein, in a book to be by him kept for that purpose ; and shall thereupon, pursuant to such general rules as may be adopted by the board of appeal regulating their proceed- ings, or, in the absence of such rules, by his special order BUILDINGS. 127 of which spedal order he shall immediately give notice to the members of the board, fix a time and place for hearing such appeal, and shall endorse the same in writing upon such reasons of appeal ; and the parties thereto and the inspector shall be bound to take notice thereof. And at the time and place so fixed, or at any adjournment thereof, such board of appeal, after hearing such of the parties as see fit to attend, and their allegations and evidence, and after in- specting the premises, shall make their determination in respect thereof in writing, to be filed with such clerk ; and such determination shall be final, and the clerk's certificate of such determination shall have the same effect, for all purposes of this chapter, as if given by such inspector at the time of the application to him for the same. And if such appeal shall be from the inspector's refusal to give his certificate of exemption or compliance aforesaid, and such board of appeal shall concur in such refusal, they shall then also determine what they require to be done to entitle the appellant to such certificate ; and upon the ap- pellant's compliance with such requirement, such certificate shall be issued to him by such inspector. Sec. 13. The inspector's neglect to give his certificate, inspector's neglect and file a copy of the same with the city or town clerk within '" ^^ deemed relusai. three days after application or request made to him as provided in sections five and six of this chapter, shall be deemed a refusal to give the same for the purposes of such appellate proceedings. Sec. 11. Said board of appeal shall be paid by the city costs of appeal. or town such compensation for their services as shall be fixed by ordinance of the city or town council. And the appellant in each case who fails to obtain relief upon his appeal shall pay to the city or town such reasonable costs and charges thereof as the board of appeal shall tax or determine against him. Nothing contained in this chapter shall be construed to relieve any person or any corporation from any liability now existing by virtue of the provisions of this chapter, during the pendency of any appeal, unless said board of appeal shall reverse the decision of said inspector. 128 BUILDINGS. Elevators. Guards and gates Inspection of elevators. Sec. 15. Every elevator used for conveying persons or goods from one story to another of any building, the well of which elevator is not so protected as to be in- accessible from without while the elevator is moving, shall have attached to it some suitable mechanical appliance which shall give automatically, at all times, on every floor of said building which it approaches, a distinct, audible warning-signal that said elevator is in motion. Sec. 16. All hoistway and elevator openings through floors where there is no shaft, shall be protected by suffi- cient railings, gates, trap-doors, or other mechanical devices equivalent thereto, and the same shall be kept closed in the night time or when not in use. Every passenger elevator, except plunger-elevators, shall be provided with some safety- arrangement to prevent falling, and every passenger elevator shall be fitted with some mechanical device to prevent the elevator-car from being started until the door or doors opening into the elevator-shaft are closed ; and no person under the age of eighteen years shall take charge of or operate any passenger elevator. It shall be the duty of every inspector of buildings elected or empowered under the provisions of this chapter to inspect all elevators in every building within his jurisdiction, and he shall notify of any violation of this and the preceding section, and re- quire the owner, or some one of the owners of said build- ing, within thirty days after the receipt of such notice, to comply with the provisions of said sections ; and it shall be the duty of said owner or owners to comply with such re- quirement. 129 ELECTIONS. OF CANVASSING THE RIGHTS AND CORRECTING THE Qgpgfgj Lg^g LISTS OF VOTERS. Chapter 8. Section 'J2. Board of canvassers and registra- tion; election and term of office. 23. Canvassing and registration of the voters, and preparation of tlie vot- ing lists. Section 24. Organization ; canvass meetings : quorum. 25. Registration. 26. Returns. 27. Powers, duties and penalties. office. Act of 1895, Ch. 1405. Section 22. In the city of Providence there shall be a Hoard of canvassers board of canvassers and registration consisting of three ^" ''^sistration. members, each of whom, hereafter elected, shall hold his Election ^nd term of office for the term of three years from the date of his elec- tion and until his successor is elected and qualified. One member of said board shall be elected by the city council in joint convention on the first Monday in March in each year. In case any person elected as a member of said board shall decline to serve or neglect to qualify, or a vacancy shall occur in said board for any cause, said office or vacancy shall be filled by the city council in like manner for the term of said office or unexpired term. The mem- bers of said board shall receive such compensation as the city council shall determine. Sec. 23, Said board shall have charge of and receive the registration of persons entitled by law to vote in said city upon being registered, and shall prepare the voting lists of all persons qualified to vote, for the several wards and districts in said city, and shall correct, add to, classify, canvass, post, publish and deliver the same, and perform all the other duties required by law of city, ward and dis- trict clerks, and boards of canvassers in cities, in relation to said registration and the other matters within the purview of chapters seven and eight. 17 Canvassing and registration. Act of 1895, Ch. 1405. 130 ELECTIONS. Organization. Act of 1895, Ch. 1-105 Canvass meetings. Quorum. Registration. Actof 1895, Cli. 140.-) Returns. Actof 1895.Cb. 140.J. Powers, duties and penalties. Stc. 24. Said board shall elect one member as presiding officer and one member as clerk thereof, who shall perform all the duties of presiding officers and clerks of boards of canvassers respectively, and said beard shall have an office in said city which shall be open for the purposes of regis- tration at the times required by law, and on each other secular day that the board is not elsewhere engaged in the perform- ance of their duties hereunder. Said board shall hold at least one canvass meeting in each ward prior to each general election, and such meetings maybe held in any two or more wards at different hours on the same day, or all may be held on different days, and said board shall hold their las't meet- ing prior to any general or special election to canvass the voting lists of all the wards and districts of said city at said office, or at such other place in said city as said board shall from time to time designate, at the time now or hereafter provided by law ; and any canvass meeting required by law to be held at a stated time shall be held by said board at said office or such other place designated as aforesaid. Said board may meet and canvass the voting lists of any ward or wards in any such ward or wards or at said office or other place designated as aforesaid, at any convenient time or times on the same day or different days, not inconsistent with the foregoing provisions. One member of said board shall be a quorum for the purpose of receiving registration, and two members shall constitute a quorum for all purposes. Sec 25. Every person who is, or within a year may be, qualified to vote upon being registered in said city, shall go to said board instead of to the city clerk, and register his name within the same time, in the same manner, and with the same effect, as provided by law relative to registration with city clerks. Sec 26. All returns or other things required by law to be made or furnished to or by city clerks, boards of can- vassers, and ward or district clerks, relative to the matters within the purview of chapters seven and eight, shall be made and furnished to and by said board. Sec 27. Said board shall have all the powers, duties and obligations, and the members thereof in their several ELECTIONS. 131 capacities shall be individually liable to the same fines, pen- Actof i895,ch.i405. alties and forfeitures provided by law, as city clerks, boards of canvassers and clerks of boards of canvassers, relative to the matters within the purview of chapters seven and eight. AN ACT MAKING THE BOARD OF CANVASSERS AND QhgnfQf 3g3 REGISTRATION OF THE CITY OF PROVIDENCE A RETURNING BOARD IN SAID CITY. of May 14, l.SOli. Section 1. Board of canvassers to count bal- lots in municipal elections and de- clare the result. '2. Manner of counting ; record and certificate of count ; certificates of election ; new elections. 3. Returns by election officers ; penal- ties. Section 4. Powers of board of canvassers ; per- jury. 5. Accountability for fees ; voting lists to be furnished ; salaries ; clerks and their compensation. 6. Operative clause. /f is enacted by the General Assefubly as follotvs : Section 1. The board of canvassers and registration of Board of canvassers the city of Providence, in addition to the duties now incum- co\uit'^'banoTs"cast in bent upon them by law, hereafter shall count all ballots cast a^Tdeciare result?"^ at any election in said city, and determine and declare the result of such election, in all cases where the ballots are now counted and the result of the election is now deter- mined and declared by the mayor and aldermen of said city. * * * Said board of canvassers and registration shall also count, determine and declare the result of all ballots cast in said city for and against any proposition sub- mitted to the electors of said city, other than propositions submitted to the people of the state at large. Sec. 2. Said board shall meet at nine o'clock a, m., at the Manner of counting, city hall of said city, on the next secular day after any such election, or day of voting upon such question as aforesaid, .See ch. 828 of looi, and shall commence such count and continue the same on every secular day thereafter until said count is fully com- Act of 1901, Ch. 828, .Sec. 5. Sees. '>, 7, 8, 9. pleted. said bo date for any office to be filled at any such election, or any Said ballots shall be counted by the members of SeeCh. S29 of i9oi, . , , , . , . . , ,. Sees. 19, 20. said board in person and in open meeting, and any candi- 182 ELECTIONS. Record and certificate of count. Certificates of election. No election. See Ch. 828 of 1901, Sec. C. New election. See Ch. 828 of 1901, Sec. 2. Returns by election officers. See Ch. 828 of 1901, Sees. 3, 4. See Ch. 823 of 1901, Sec. 15. Penalties. person authorized by him in writing, may be heard for or against the counting or rejection of any ballots cast thereat, and said board shall determine all questions as to the val- idity of such ballots. Upon the completion of said count said board shall record and certify over the signatures of its members, or a quorum thereof, in a book kept by them for such purpose, the number of ballots given in at such elec- tion, specifying the names of the persons, for what offices, and the number of ballots given in for each, and also the number of ballots cast for and against any such proposition, and forthwith shall publicly declare the result thereof, and shall forthwith certify said result and determination to the city clerk, and said city clerk shall thereupon issue certifi- cates of election to the persons certified by said board to have been elected, and in case of the adoption or rejection of any such proposition shall take any subsequent action required of him by law. Whenever it shall appear from the certificate of said board that no person has been lawfully elected to any office, said city clerk shall thereupon forth- with notify the mayor of said city in writing, and, as soon as may be thereafter, said mayor shall convene the board of aldermen, and said board of aldermen shall issue warrants for another election : provided, however, that a period of not less than seven nor more than ten days shall intervene be- tween the time said city clerk shall be notified as aforesaid and such election; and so from time to time shall order new elections until the election shall be completed. Sec. 3. All ballots, records, certificates, returns, books, documents and papers of every kind and nature pertaining to any such election or the voting upon any such proposition, now required by law to be returned or delivered to or filed with the city clerk of said city by wardens, clerks, super- visors, or other officers, shall hereafter be returned and de- livered to and filed with said board within the same time and in the same manner as now required by law to be re- turned and delivered to and filed with said city clerk, and under the same penalties as now provided by law for failure so to do, and the same shall be preserved for the same time by said board and under the same penalties as now provided by ELECTIONS. 183 canvassers. .aw. The record books provided by the secretary of state un- See Ch. 829 of 1901, der section twelve of chapter ten of the General Laws, filed with said board under the provisions hereof, shall be deposited by said board with the city clerk forthwith after said board shall have announced its determination of the result of the election, or of the voting upon any such proposition as aforesaid. Any member of said board who shall knowingly penalties for false make any false count, return, record, or certificate of any ^^"°" ^^ ''"^ board. kind relative to the count of said ballots, or the determina- tion of the result of any such election, or the voting upon any such proposition as aforesaid, shall be subject to a fine of not exceeding five thousand dollars, or to imprisonment not exceeding five years, or to both such fine and imprison- ment. Sec. 4. The members of said board are hereby sever- powers of board of ally authorized to administer oaths, and said board, in all cases of every nature pending before it, is hereby author- ized and empowered to summon witnesses by subpoena signed by the clerk of said board, and to compel such wit- nesses to attend and testify in the same manner as witnesses are compelled to appear and testify in either division of the supreme court ; and said board is authorized to compel the production of all papers, books, documents, records, certifi- cates, or other legal evidence, that may be necessary or pro- per for the determination and decision of any question or the discharge of any duty required by law of said board, by issuing a subpoena duces tecum, signed by its clerk ; and every person disobeying any such writ shall be considered as in contempt, and said board may punish any contempt of its authority in like manner as contempt may be punished by either division of the supreme court. Any person who shall wilfully swear falsely in any proceeding, matter or hearing before said board, shall be deemed guilty of the crime of perjury. Sec. 5. From and after the passage of this act the said board shall not retain to their own use any of the fees now allowed by law to recording and certifying ofBcers ; but shall charge and collect the statutory fees for any record, certificate or copy required by law to be made by said Perjuiy. Accountability for fees. 134 ELECTIONS. Voting lists to be furnished. Changed to one dollar. See Ch. 798, sec. 7 page 137. Salaries. Clerks, and their compensation. Operative clause. board, and shall pay over the same on the first business day of every month to the city treasurer of said city : provided^ that said board shall furnish, as now required by law, certi- fied copies of any list of qualified electors in any voting district in said city on payment of the sum of two dollars a7id fifty cents for each such certified list, which sums shall also be paid into the city treasury of said city as above pro- vided ; and in lieu of all fees, and of all salary or compen- sation now received by the members of said board, the mem- bers thereof shall hereafter severally receive from said city a salary of twenty-five hundred dollars per annum, payable monthly, and such further sum as the city council of said city may from time to time determine, in full compensation for all duties imposed by law upon said board. Said board may employ such clerical assistance as they may deem ne- cessary in the discharge of their duties, and agree with such clerks for their compensation, which said compensation shall be paid out of the city treasury : provided, hozvever, that said board shall not authorize the payment to any of its clerks of compensation in excess of the sum of one thousand dollars per annum, unless such compensation shall have been approved by the city council of said city; and provided further, that the aggregate amount paid for such compensation shall not exceed the sum of three thousand dollars in any one year, unless a greater sum shall be ap- propriated therefor by said city council. Sec. 6. All acts and parts of acts inconsistent herewith are hereby repealed ; and this act shall take effect from and after its passage. ELECTIONS. 185 AN ACT CREATING A COMMISSION TO RE-ADjUST THE WARD LINES OF THE CITY OF PROVIDENCE. Chapter 798 of June l.'l, I'.iOO. Section 1. Commission to divide the city into wards. 2. Duties of commissioners. 3. Voting districts ; polling places and supplies ; future redistricting. 4. Election officers ; appointment ; qual- ification ; powers and duties ; re- turns ; compensation ; vacancies. Section 5. Continuance in office. C. Election of city officers by wards ; term of office. 7. Voting lists to be fumislied. 8. Compensation and expenses of com- mission, how paid. 9. Operative clause. // is enacted by the General Assembly asfolloivs : Commission to re- divide the city into wards. Duties of commis- sion. Section 1. The governor shall, as soon as may be after the passing of this act, appoint three qualified electors of the state, one at least of whom shall be a qualified elector of the city of Providence, who shall divide the said city of Providence into not more than twelve wards in such manner as to secure as nearly as may be an equal number of electors in each ward, having regard to the number of inhabitants and territory therein. Sec -. The said commissioners, immediately after their appointment, shall divide said city into not exceeding twelve wards, and shall file with the city clerk of said city before the fifteenth day of August, a. d. 1900, a report thereof For report, see p. las, with an accompanying map of such division, and a duplicate map thereof with the board of canvassers and registration of said city ; and, upon the filing of such report of said com- missioners, or a majority thereof, the division thus made shall constitute the wards of said city without further action. Sec. 3. The said commissioners shall also subdivide Voting-distncts. each ward of said city into a convenient number of voting districts, containing not more than seven hundred nor less than three hundred qualified electors at the time of such subdivision. The board of canvassers and registration of Polling places and supplies. said city shall forthwith designate polling places in each of such districts, and shall cause the same to be suitably fur- nished with ballot boxes and all other paraphernalia neces- sary for the conduct of elections, and shall each year thereafter in the month of July, as occasion may require, redivide said wards or anv of them into voting districts in Redistricting. 136 ELECTIONS. Election officers : Appointment. Qualification. Powers and duties. Returns. Compensation. Vacancies. such manner that not more than seven hundred nor less than three hundred qualified electors shall be comprised in any one voting district at the time of such redivision, and shall designate and furnish polling places therein, and shall further file a map of such redivision and designation in the office of the city clerk of said city ; and the redivision and designation thus made shall constitute the voting districts of said wards, and the polling places therein respectively, without further action, and until changed by said board. Sec. 4. Upon and after the filing of any such division or redivision of said wards, or of said voting districts, in the office of said city clerk, the terms of office of the several wardens and district clerks then in 'office shall cease and determine. At least ten days prior to every election there shall be appointed by the board of canvassers and regis- tration of said city a warden and clerk for each voting district, who shall be of different political parties, and four supervisors of election for each voting district from lists to be submitted to said board in manner as now provided by law to be submitted to the board of aldermen of said city, and who shall severally be qualified electors in the voting districts in which they shall be appointed to serve, and who shall severally be able to read the constitution of the state in the English language and to write their names. Said wardens, clerks, and supervisors shall have all the powers and be subject to all the liabilities and discharge all the duties conferred and imposed by law upon wardens, clerks and supervisors of election, respectively : provided, that at every election the ballot boxes shall be opened and the ballots therein sorted, counted, sealed up and returned by said wardens and clerks only, under the personal super- vision and scrutiny of said supervisors of election ; but no supervisors of election shall at any time, after the close of the polls, handle any official ballot duly voted and con- tained in the ballot box in any such polling place. Said wardens, clerks and supervisors shall severally receive from said city the sum of ten dollars for every election, and any vacancy occurring among said wardens, clerks, or super- visors of election, whether by resignation or refusal to serve. ELECTIONS. 137 or by failure from any cause to appear at such polling place, or to remain thereat during the time when they are required by law to perform their said duties, shall be immediately filled by said board, or by the presiding officer thereof, if said board be not then in session. Sec. -'). The city council of said city as the same is con- stituted at the time of filing the division referred to in sec- tion two of this act, shall be and remain the city council of said city until the first Monday in January, a. d. 1901, and no longer ; and the members of the school committee of said city in office at the time of filing said division, shall hold office for the terms for which they were severally elected and no longer. Sec. 0. At the municipal election held next after the filing of the division of said wards in the office of the city clerk, and annually thereafter at such municipal elections, there shall be elected in each of said new wards one alder- man ; and in case the number of wards shall not exceed ten, four members of the common council; and in case the number of wards shall exceed ten, three members of the common council, for the term of one year and until their successors are elected and qualified ; and one member of the school committee for the term of three years and until their successors respectively are elected and qualified ; whose several terms of office shall commence, in the case of members of said city council, on the first Monday in January next succeeding their election, and in the case of members of said school committee on the first Tuesday in December next succeeding their election. Sec. 7. From and after the filing of said division in the office of said city clerk, the board of canvassers and regis- tration of said city shall furnish, as required by law, certi- fied copies of any list of electors in any voting district in said city, on payment of the sum of one dollar for each such certified list, which sum shall be paid into the city treasury of said city by said board on the first business day of the month next following their receipt. Sec. 8. Said commission shall have a suitable office in t4ie city of Providence, to be approved by the governor ; 18 Continuance in office. Elections of city officers by wards. Term of office. Voting lists to be furnished. See Ch. 363, Sec. 5, page lo4. Compensation and expenses of commis- sion, how paid. 138 ELECTIONS. Operative clause. Report of the Authorized by Cli. of 1900, p. 135. First Ward. and the state auditor is hereby authorized and directed to draw his order on the state treasurer, payable out of any money in the state treasury not otherwise appropriated, for the rent and furnishing of same and for all expenses for surveys, maps, clerical assistance, and other expenses inci- dental to the proper discharge of the duties of said commis- sion, including such compensation to the members of said commission for their services, as may be approved by the governor, on receipt of vouchers therefor duly approved by the governor. Sec. 9. All acts and parts of acts inconsistent herewith are hereby repealed; and this act shall take effect upon its passage. /' BOUNDARY LINES OF THE WARDS AND VOTING DIS- TRICTS OF THE CITY OF PROVIDENCE, AS READ- JUSTED BY A COMMISSION APPOINTED UNDER CHAPTER 798 OF THE PUBLIC LAWS, PASSED JUNE 13^ 1900:— RECEIVED ON FILE IN THE CITY CLERK'S OFFICE AUGUST 14, 1900, AT 4.50 O'CLOCK P. M. First Ward. — All that part of the City of Providence bounded by the Seekonk river, a line through the centre of Providence river to the northerly line of Burnside bridge, thence in a direct line to the northeasterly corner of Ex- change bridge, thence in a straight line to Friend street. Friend, North Main, Waterman, Benefit, Jenckes, Barnes, Hope, Angell street and Angell street extended, shall con- stitute the first ward. District 1. All that part of said ward bounded by Water- man, Hope, Barnes, Jenckes and Benefit streets, shall con- stitute the first voting district. , District *2. All that part of said ward bounded by Waterman, Hope, Angell, Governor, Wickenden, Hope, Sheldon and Brook streets, shall constitute the second vot- ing district. District 3. All that part of said ward bounded by See- konk river, Angell street extended, Angell, Governor and Williams streets and Williams street extended, shall consti- tute the third voting district. ELECTIONS. 139 District 4. All that part of said ward bounded by See- konk river, Williams street extended, Williams, Governor, Wickenden, Hope and the line between the property now or formerly of the estate of John Carter Brown occupied by John R. White & Son and the property of the New York, New Haven and Hartford Railroad Company, shall consti- tute the fourth voting district. District 5. All that part of said ward bounded by Provi- dence river, Transit, Brook, Sheldon and Hope streets, the line between the property now or formerly of the estate of John Carter Brown occupied by John R. White & Son and the property of the New York, New Haven and Hartford Railroad Company and Seekonk river, shall constitute the fifth voting district. District 6. All that part of said ward bounded by Provi- dence river, Transit, Brook, Waterman, North Main, Friend and a line from Friend street to the northeasterly corner of Exchange bridge, shall constitute the sixth voting district. Second Ward. — All that part of the City of Providence second Ward. bounded by Seekonk river, City line, Moshassuck river. Branch avenue, the easterly line of the railroad property operated by the New York, New Haven and Hartford Rail- road Company, Charles, Stevens, North Main, Benefit, Jenckes, Barnes, Hope and Angell streets and Angell street extended, shall constitute the second ward. District 1. All that part of said ward bounded by North Main, Pleasant, Hope and Olney streets, shall constitute the first voting district. District '1. All that part of said ward bounded by Stevens and Charles streets, the easterly line of the railroad property operated by the New York, New Haven and Hart- ford Kailroad Company, Branch avenue and Moshassuck river, shall constitute the second voting district. District 3, All that part of said ward bounded by See- konk river. City line, Moshassuck river, Stevens and North Main streets, Rochambeau avenue, the line between Swan Point Cemetery and the property of Butler Hospital for the Insane, shall constitute the third voting district. 140 ELECTIONS. District 4. All that part of said ward bounded by Hope, Pleasant, and North Main streets and Rochambeau avenue, shall constitute the fourth voting district. District 5. All that part of said ward bounded by See- konk river, Angell street extended, Angell, Hope, Barnes, Jenckes, Benefit, North Main, Olney and Hope streets, Rochambeau avenue and the line between Swan Point Cemetery and the property of Butler Hospital for the In- sane, shall constitute the fifth voting district. Third Ward. Third Ward. — All that part of the City of Providence bounded by City line. Smith, North Main, Star, Benefit, North Main, Stevens and Charles streets, the easterly line of the railroad property operated by the New York, New Haven and Hartford Railroad Company, Branch avenue and Moshassuck river, shall constitute the third ward. District 1. All that part of said ward bounded by Charles, Stevens, North Main, Benefit, Star, North Main and Smith streets and the easterly line of the railroad property oper- ated by the New York, New Haven and Hartford Railroad Company, shall constitute the first voting district. District 2. All that part of said ward bounded by Smith street, Chalkstone avenue, and Candace streets, Douglas avenue, Orms street and the easterly line of the railroad property operated by the New York, New Haven and Hart- ford Railroad Company, shall constitute the second voting district. District 8. All that part of said ward bounded by Orms street, Douglas avenue, Fillmore street, Admiral and Charles streets and the easterly line of the railroad property operated by the New York, New Haven and Hartford Rail- road Company, shall constitute the third voting district. District 4. All that part of said ward bounded by City line. Smith street, Chalkstone avenue, Candace street, Douglas avenue, Fillmore and Admiral streets, shall consti- tute the fourth voting district. District 5. All that part of said ward bounded by City line, Admiral, Hawkins and Charles streets, shall constitute the fifth voting district. ELECTIONS. 141 District G. All that part of said ward bounded by City line, Charles, Hawkins, Admiral and Charles streets, the easterly line of the railroad, property operated by the New York, New Haven and Hartford Railroad Company, Branch avenue and Moshassuck river, shall constitute the sixth voting district. Fourth Ward. — All that part of the City of Providence Fourth w^ard bounded by a line from the northeasterly corner of Ex- change bridge to Friend street, Friend, North Main, Water- man, Benefit, Star, North Main and Smith streets. Chalk- stone avenue, Ayrault, Valley, Rathbone and Promenade streets, the range of Acorn street. Acorn street, Harris avenue, Dean, Westminster, Cranston, Pearl, Broad, Lock- wood, Friendship, Point, Plain and Elm streets and Elm street extended to centre of Providence river, and by said centre of Providence river to north side of Burnside bridge, thence in a straight line to point of beginning, shall consti- tute the fourth ward. District 1. All that part of said ward bounded by Smith, North Main, Star, Benefit, Waterman, North Main and Friend streets, a line to northeasterly corner of Exchange bridge, Providence river, Westminster, Walnut, Washington, Jackson, and Federal streets, Broadway, Bourne, Aborn and Cedar streets, Brayton avenue and Brayton avenue extended, Woonasquatucket river, Gaspee and Francis streets, shall constitute the first voting district. District '1. All that part of said ward bounded by Provi- dence river, Westminster, Burrill, Weybosset, Chestnut, Friendship, Plain and Elm streets and Elm street extended, shall constitute the second voting district. District B. All that part of said ward bounded by Broad, Lockwood, Friendship, Point, Plain, Friendship and Chest- nut streets, shall constitute the third voting district. District \. All that part of said ward bounded by Broad, Pearl, Cranston, Westminster, Dean, Fountain, Jackson, Washington, Walnut, Westminster, Burrill and Weybosset streets, shall constitute the fourth voting district. District 5. All that part of said ward bounded by Woon- 142 ELECTIONS. asquatucket river, Acorn street, Harris avenue. Dean, Fountain, Jackson and Federal streets, Broadway, Bourne, Aborn and Cedar streets, Brayton avenue and Brayton avenue extended, shall constitute the fifth voting district. District 6. All that part of said ward bounded by Rath- bone, Valley and Ayrault streets, Chalkstone avenue. Smith, Francis and Gaspee streets and Woonasquatucket river, shall constitute the sixth voting district. Fifth w'ard. FiFTH Ward. — All that part of the City of Providence bounded by Providence river, Elm street extended, Elm, Plain, Point, Friendship, Lockwood and Broad streets, Elm- wood avenue, Burnett, Public street and Public street ex- tended, shall constitute the fifth w-ard. District 1. All that part of said ward bounded by Provi- dence river. Elm street extended. Elm, Plain, Blackstone street and Blackstone street extended, shall constitute the first voting district. District 2. All that part of said ward bounded by Provi- dence river, Blackstone street extended, Blackstone street, Prairie avenue, Public street and Public street extended, shall constitute the second voting district. District 3. All that part of said ward bounded by Pub- lic street, Prairie and Willard avenues. Broad street, Wes- leyan and Elmwood avenues, and Burnett street, shall constitute the third voting district. District 4. All that part of said ward bounded by Broad and Friendship. Lockwood and Broad streets. Elm- wood and Wesleyan avenues, shall constitute the fourth voting district. District 5. All that part of said ward bounded by Broad, Friendship and Lockwood streets, Prairie and Will- ard avenues, shall constitute the fifth voting district. District 6. All that part of said ward bounded by Lock- wood, Friendship, Point, Plain and Blackstone streets, and Prairie avenue, shall constitute the sixth voting district. Sixth w-ard. Sixth Ward. — All that part of the City of Providence bounded by Providence river. City Une, the westerly line of ELECTIONS. 143 the railroad property operated by the New York, New Haven and Hartford Railroad Company, Carter street ex- tended, Carter street, Elmwood avenue, Public street, and Public street extended, shall constitute the sixth ward. District 1. All that part of said ward bounded by Provi- dence river. Public street extended, Public street, Prairie avenue, Sayles street and Sayles street extended, shall con- stitute the first voting district. District '1. All that part of said ward bounded by Provi- dence river, Sayles street extended, Sayles, Ocean and Richardson streets, Pennsylvania avenue and Broad street, Prairie and Pavilion avenues, Hylestead street, Thurber's avenue and Thurber's avenue extended, shall constitute the second voting district. District 3. All that part of said ward bounded by Provi- dence river, City line. Broad street, Prairie and Pavilion avenues, Hylestead street and Thurber's avenue and Thur- ber's avenue extended, shall constitute the third voting district. District 4. All that part of said ward bounded by City line, Broad street, Atlantic and Reservoir avenues, and the westerly line of the railroad property operated by the New York, New Haven and Hartford Railroad Company, shall constitute the fourth voting district. District 5. All that part of said ward bounded by Reser- voir and Atlantic avenues. Broad and Public streets, Elm- wood avenue, Carter street. Carter street extended, and the westerly line of the railroad property operated by the New York, New Haven and Hartford Railroad Company, shall constitute the fifth voting district. District G. All that part of said ward bounded by Broad and Public streets, .Prairie avenue, Sayles, Ocean and Richardson streets, and Pennsylvania avenue, shall consti- tute the sixth voting district. Seventh Ward. — All that part of the City of Providence seventh wai-d. bounded by City line, Cranston, Messer, Willow, Sycamore, Westminster, Dexter, Division, Bridgham, Cranston and Pearl streets, Broad street, Elmwood avenue, Burnett and 144 ELECTIONS. Public streets, Elmwood avenue, Carter street, Carter street extended, and the westerly line of the railroad property operated by the New York, New Haven and Hartford Rail- road Company, shall constitute the seventh ward. District 1. All that part of said ward bounded by Broad street, Elmwood avenue, Wilson, Dexter, Cranston and Pearl streets, shall constitute the first voting district. District 2. All that part of said ward bounded by Cha- pin avenue, Cranston, Bridgham, Division, Dexter, Westmin- ster, Sycamore and Willow and Messer streets, shall con- stitute the second voting district. District 3. All that part of said ward bounded by Chapin avenue, Cranston, Dexter and Wilson streets, Elmwood avenue, Hanover, Cranston and Messer streets, shall con- stitute the third voting district. District 4. All that part of said ward bounded by Pot- ter's and Elmwood avenues. Public and Burnett streets, Elmwood avenue, Hanover, Cranston, Waldo and Dexter streets, shall constitute the fourth voting district. District 5. All that part of said ward bounded by Crans- ton, Waldo and Dexter streets, Potter's and Elmwood avenues. Carter and Carter street extended, and the wes- terly line of the railroad property operated by the New York, New Haven and Hartford Railroad Company, shall constitute the fifth voting district. District 6. All that part of said ward bounded by City line, and the westerly line of the railroad property operated by the New York, New Haven and Hartford Railroad Com- pany, shall constitute the sixth voting district. Eighth Ward. EiGHTH Ward. — All that part of the City of Providence bounded by City line, Cranston, Messer, Willow, Sycamore, Westminster, Bainbridge avenue, Broadway and Westmin- ster street, Olneyville square, Manton avenue, Erastus street, Atwell's and Manton avenues, and the westerly line of the Dyerville Manufacturing Company's plat, recorded in the Recorder's office. Providence, on plat caid No. 001, and said line extended, shall constitute the eighth ward. District 1. All that part of said ward bounded by City ELECTIONS. 145 line, Hartford avenue, Heath street, Eastwood and Webster avenues, Plaintield street, Olneyville square, Manton ave- nue, Erastus street, Atwell's and Manton avenues and the westerly line of the Dyerville Manufacturing Company's plat, recorded in Recorder's office. Providence, on plat card No. 001 and said line extended, shall constitute the first voting district. District '1. All that part of said ward bounded by City line, Pocasset avenue, Plainfield street, Olneyville square, Westminster street, Broadway and the w^esterly line of the railroad property formerly owned by the Hartford, Provi- dence and Fishkill Railroad Company, shall constitute the second voting district. District '^. All that part of said ward bounded by Broad- way, Bainbridge avenue, Westminster, Sycamore, Willow street and Willow street extended, and the westerly line of the railroad property formerly owned by the Hartford, Providence and Fishkill Railroad Company, shall constitute the third voting district. District 4. All that part of said ward bounded by City line, Cranston, Messer and Willow streets, and Willow street extended and the westerly line of the railroad prop- erty formerly owned by the Hartford, Providence and Fish- kill Railroad Company, shall constitute the fourth voting district. District 5. All that part of said ward bounded by City line, Pocasset avenue, Plainiield and Killingly streets and Sunset avenue, shall constitute the fifth voting district. District <•. All that part of said ward bounded by City line, Hartford avenue, Heath street, F'.astwood and Webster avenues, Plainfield and Killingly streets and Sunset avenue, shall constitute the sixth voting district. XiN rH Ward. — All that part of the City of Providence i.;i„th Waid. bounded by Woonasquatucket river. Acorn, Harris avenue. Dean, Westminster, Cranston, Bridgham, Division, Dexter and Westminster streets, Bainbridge avenue, Broadway, Westminster street, Olneyville square and Manton avenue, shall constitute the ninth ward. 19 146 ELECTIONS. District 1. All that part of said ward bounded by Crans- ton, Westminster, Uean, Carpenter and Bridgliam streets, shall constitute the first voting district. District '1. All that part of said ward bounded by Broad- way, Bainbridge avenue, Westminster, Dexter, Division, Bridgham, Carpenter and Dean streets, shall constitute the second voting district. District o. All that part of said ward bounded by Broad- way, Almy, Gesler and Ridge streets, Atwell's avenue and Vinton street, shall constitute the third voting district. District 4. .A.11 that part of said ward bounded by At- well's avenue, Woonasquatucket river, Manton avenue, Olneyville square, Westminster street, Broadway, Almy, Gesler and Ridge streets, shall constitute the fourth voting district. District 5. All that part of said ward bounded by At- well's avenue, Woonasquatucket river. Acorn street, Harris avenue and Dean street, shall constitute the fifth voting district. District 0. All that part of said ward bounded by Broad- way, Dean street, Atwell's avenue and Vinton street, shall constitute the sixth voting district. Tenth Ward. Tenth Ward. — All that part of the City of Providence bounded by City line, Smith street, Chalkstone avenue, Ay- rault, Valley, Rathbone and Promenade streets, Woonas- quatucket river, Manton avenue, Erastus street, Atwell's and Manton avenues, and the westerly line of the Dyerville Manufacturing Company's plat, recorded in the Recorder's office. Providence, on plat card No. 601, and said line ex- tended, shall constitute the tenth ward. District 1. All that part of said ward bounded by Woon- asquatucket river, Atwell's, Academy and Chalkstone avenues, Harold, Valley and Eagle streets, shall constitute the first voting district. District '1. All that pait of said ward bounded l^y Woon- asquatucket river, Manton avenue, Julian street and At- well's avenue, shall constitute the second voting district. District 8. All that part of said ward bounded by At ELECTIONS. 147 well's avenue, rulian street, Manton avenue and Erastus street, shall constitute the third voting district. District 4. All that part of said ward bounded by At- well's, Academy, Chalkstone and Mount Pleasant avenues and Mount Pleasant avenue extended, shall constitute the fourth voting district. District 5. All that part of said ward bounded by River, Chalkstone and Mount Pleasant avenues and Mount Pleas- ant avenue extended, Atwell's and Manton avenues, the westerly line of the Dyerville Manufacturing Company's plat, recorded in the Recorder's office. Providence, on plat card No. 601, said line extended, City line, the brook or water course which runs from the City line through the property of the State Home and School, shall constitute the fifth voting district. District 0. All that part of said ward bounded by Smith street, Chalkstone avenue, Ayrault, Valley and Rathbone streets, Woonasquatucket river. Eagle, Valley and Harold streets, Chalkstone and River avenues, the brook or water course which runs from the City line through the property of the State Home and School, and City line, shall consti- tute the sixth voting district. 148 ELECTIONS. Gliapter 862 of I\Iay 18, 1899, as amt'iidtd l)y Chapter 867 of March 29, H!01, AN ACT RELATIVE TO POLITICAL COMMITTEES AND CAUCUSES. ' Elective office.' ' Caucus officers. " Caucus." Political conven- tion." " Political party. State committees. Section 1. Definition of terms used. 2. State committees. ■J. Ward and city committees. 4. Application of act, to what cities. .5. Caucus notices : right to participate in caucus ; nomination papers. 6. Rejection of names on nomination papers ; nomination papers for ward and district candidates. 7. Holding of caucuses; form of bal- lot ; precedence of caucuses ; limi- tation of time for caucuses. 8. Call for caucuses. 9. Place of holding caucuses ; hours of ; caucus officers and election ; term of office ; vacancies ; eligi- bility ; officers on redivision. 10. Conduct of caucuses ; voting by bal- lot : names of candidates ; material of ballots; ballots forcaucus clerk. 11. First caucuses ; voting lists ; council caucuses; special caucuses; canvass meetings for special caucuses ; cer- tified copies of voting lists to he used at caucuses ; election supplies .SECTKiN how furnished ; eligibility to partic- ipate [in caucuses ; vote, how chal- lenged. 12. Plurality elects or nominates ; pro- ceedings in case of tie vote ; ad- journment of caucus ; caucus vote how counted ; plurality to elect ; return of ballots and voting lists. IS. Certificates of election or nomina- tion by warden ; verification of check list ; certified copies of caucus check list for succeeding caucuses ; preservation and use of ; certified copies of caucus check lists to elector on payment of fees ; recount of caucus vote, how made ; notice of recount ; presence of candidates at recount. 14. Caucuses for special elections. 15. Penalties on public officers and poli- tical officials. 16. Arrest without warrant. 17. Application of this act to existing committees. 18. Operative clause. // is enacted by the General Assembly as foUoivs : Section 1. The term "elective office" shall apply to any office for which candidates are to be voted for at any national, state, municipal, ward, or district election. . The term "caucus officers" shall apply to all officers taking part in the conduct of caucuses. The terms " caucus " and " political convention " shall apply only to such as shall be called and held in pursuance of this act. The term " political party " as used in this act, or in chapter eleven of the General Laws, shall apply only to a political party which, at the next preceding annual election, polled for governor at least two per centum of the entire vote cast in the state for that office. Sec. '1. Every political party shall annually elect a state committee. Such state committee shall, within ten days after its organization, file with the secretary of state a list of its officers and members. ELECTIONS. 149 Sec. •). The qualified electors of every political party in each ward of the cities of Providence and Pawtucket shall annually, at the caucus held to elect delegates to the con- vention to nominate a candidate for governor, elect a ward committee for such ward, and the members of the several ward committees of the same political party shall constitute a political committee of such political party, to be called a city committee. Each city committee shall, within ten days after its organization, file with the secretary of state a list of its ofticers and members ; and in Pawtucket also with the city clerk, and in Providence also with the board of canvassers and registration. The general management of the affairs of each political party in said cities shall be vested in said city committee, subject to the rules and regulations which the state committee of each such politi- cal party shall make. Any vacancy occurring in the office of chairman, secre- tary, treasurer, or other officer of any political committee, shall be filled by the action of such committee, and a state- ment of any change, so occurring, shall be filed as in the case of the officers first chosen. Any vacancy in the member- ship of any ward committee shall be filled by the remaining members of said ward committee, and a statement of any change, so occurring, shall be filed as in the case of a change of officers. All city and ward committees which are in existence [on the twenty-ninth day of March, a. d. 1901], shall hold office until their successors shall have organized. Each ward and city committee of the cities of Providence and Newport shall hold office for one year from the first day of January next following their election and until their suc- cessors shall have organized. Each city committee of the cities of Providence and New- port may make reasonable regulations, not inconsistent with law, to determine membership in the party and to restrain those not entitled to vote at caucuses called by them from taking part therein. Sec. 4. The following sections of this act shall apply only to the cities of Providence and Pawtucket. Ward coiiiiiiittee. Act of 1901, Cli. 8C7 Sec. 1. City committee. Vacancies. Cli. SG7, as above. Continuance in oiifice. Act of 1901, Ch. 867. Sec. 6. Term of office. Act of 1001, Ch. 867 Sec. 9. Rules for party membership. Act of 1901, Ch. se; Sec. 8. Application of Act. As to Newport, see page 161. 150 ELECTIONS. Caucus notice. Sec. 5. All noticcs foi' holding caucuses shall apply to all members of the political party whose caucuses are to be Participation in {-^gifj puisuaiit to Said noticcs, and to them only; and only caucus. ■■ ' J T J members of such political party shall participate in the caucuses of said party. Right to participate. No pcrson having votcd in the caucus of one political See also page 156. party shall be entitled to vote or take part in the caucus of any other political party held within ninety days thereafter, J nor shall any person having signed nomination papers of a candidate or candidates for any elective ofhce be entitled to vote or take part in any caucus of any political party held for the nomination of candidates, or for the election of dele- gates to a convention to nominate candidates, to be voted for at the same election, or in any caucus held within ninety days thereafter for the election of caucus ofBcers or the members of a political committee. Nomination papers. No pcrson who shall havc votcd in the caucus of any political party for any candidate for an elective office, or for any delegate to a convention to nominate candidates for any elective office, shall sign any nomination paper containing nominations of candidates to be voted for at the same election as that for which such caucus or con^'ention shall haVe been held. Rejection of names on Sec. 6. In Computing the number of electors required nomination papers. , , . . . , ,.,-,, by law to sign a nomination paper for any elective office, the names of electors appearing, by the check list herein- after specified, to have voted in the caucus of any political party for the nomination of candidates for any elective office, or for the choice of delegates to a convention to nominate candidates for any elective office, to be voted for at the same election, or to have voted at any caucus of a political party held within ninety days for the election of caucus officers or members of a political committee, shall not be counted : Nomination papers provided^ that exccpt as in this section otherwise specified, forward and district . . . . i ,-ii i candidates. nominations of candidates for any elective office to be filled by the electors of any ward or voting district in either of said cities, maybe made by nomination papers signed in the aggregate for each such candidate by not less than fifty qualified electors of such ward or voting district. ELECTIONS. 151 Sec. 7. No two political parties shall hold their cau- cuses on the same day. 'J'he title or name of any political parly which has made a nomination or nominations at the next preceding election shall not be used in combination with any word or words on any official ballot for any elec- tive office. The political party first filing its designation of a day for the holding of a caucus with the city clerk in the city of Pawtucket, or with the board of canvassers and reg- istration in the city of Providence, shall be entitled to pre- cedence on the day named therein : provided, that no cau- cus, except a caucus adjourned under the provisions of section twelve of this act, shall be held within two days of the last day for filing the certificate of nomination for such office, nor shall any political party hold two caucuses on successive days. Sec. 8. All caucuses shall be held, in said cities, at the call of the city committee of the political party holding such caucuses. The call for such caucuses shall be issued not less than five days prior to the day on which they are to be held, and shall state the place, the hour of holding the same, and the time during which the polls are to be open, and the business to be transacted thereat. Said call shall be pub- lished at least four consecutive days in one or more news- papers published in the city in which such caucus shall be held. All caucuses and conventions of every political party in said cities shall be held substantially in accordance with the provisions of this act. Sec. 9. At least ten days prior to the date on which a caucus is to be held in either of said cities, the chairm.m uf the city committee of each political party in Pawtucket shall notify in writing the clerk of the city of Pawtucket, and in Providence the board of canvassers and registration of the city of Providence, of the date selected for such caucus, and said city clerk and said board of canvassers and registration, respectively, are hereby authorized and required, at the ex- pense-T>f their respective cities, to provide not less than one polling-place in each ward for such caucus, and to notif\ in writing such chairman as to the places so provided at least seven days prior to the date of such caucus. All caucuses Holding of caucuses. .Act of 1901, Ch. 867, Sec. 2. Form of ballott Precedente of caucuses. l.inntalionof time for holding caucuses. Call for caucuses. Places for holding caucuses. Act of 1901, Ch. 807 Sec. 3. 152 ELECTIONS. Hours for holding caucuses. Caucus officers, election. Cli. 867, as above. Term of office. Vacancies. Ch. 867, as above. Eligibility. Ch. 867, as above. Caucus officers in case of redi vision. Ch. S67, as abovt shall be held in the several ward rooms of said cities when- ever practicable. The hour for calling all caucuses in said cities shall be seven o'clock in the evening, and the polls shall close at 9 130 p. m. In each ward of said cities the qualified electors of each political party shall annually, at the caucus held to elect delegates to the convention to nominate a candidate for governor, elect a caucus warden for such ward, and at said caucus the qualified electors of each political party residing in each voting district of such ward shall elect a caucus clerk for such voting district, who shall be qualified electors of the ward or district, respectively, for which they are elected, and members of the political party at whose caucus they are elected. Such caucus wardens and caucus clerks shall have the same and like powers, and shall discharge the same and like duties, relative to caucuses held under the provisions of this act, so far as the same are applicable, as are conferred by law upon wardens and clerks in re spect to state elections. Every such officer shall hold ofiice for the term of one year, beginning with the first day of January succeeding their election, and until his successor is elected. In case a vacancy for any cause, including removal from the ward or district, shall occur in the office of caucus warden or caucus clerk prior to the time appointed for the meeting of the caucus, it shall be filled by the members of the ward committee of such ward in which such vacancy shall occur. No person shall be eligible to the ofiice of caucus warden or clerk who is a member of, or a candidate for, a city or ward committee, and no person shall serve as a caucus officer at any caucus wherein he is a candidate for delegate to any convention or for any elective ofiice, except that of caucus officer. In case of a redivision of the wards or voting districts of either of said cities, the city committees of the several parties shall appoint the caucus officers to serve at the first cau- cuses of such parties, respectively, after such redivision, and at such caucuses the regular caucus officers shall be elected as hereinbefore provided. ELECTIONS. 153 Sec. 10. The caucus warden elected or appointed, as Conduct of caucuses, hereinbefore provided, shall call the caucus of his political Actof looi.ch.scv, Sec. 4. party to order, and shall preside thereat. In case a cau- cus warden is absent at the time at which the caucus has been called, or in case a caucus warden becomes incapaci- tated during the holding of the caucus, the ward committee, or a majority thereof present, shall appoint a qualified elec- tor of such party residing in the ward to act as caucus warden at such caucus ; or if the ward committee shall fail to make such appointment, the clerk of the first district in such ward, or, in case of his absence or incapacity, any qualified elector may call the meeting to order and preside until a caucus warden shall be appointed by the ward com- mittee. In case a caucus clerk is absent at the time at which the caucus has been called, or in case a caucus clerk becomes incapacitated from performing his duties as such during the holding of the caucus, the ward committee of such ward shall appoint to act as such caucus clerk some person who would be eligible to election as such ; or if the ward committee fail to make such appointment, the caucus warden, or the person acting as caucus warden, shall ap- point some qualified elector as aforesaid to act as caucus clerk. The polls shall be opened at or before 7 : 80 p. m., and the ballot boxes shall be opened and the interior thereof ex- posed to the view of all present by the warden before any ballots are cast. Any necessary preliminary business not finished at 7 : oU p. m., shall be postponed until after the polls are closed and the result of the balloting announced. Except for the filling of vacancies in the office of caucus warden and caucus clerk, as hereinbefore provided, a ballot shall be required for the choice of all candidates for all elective offices and all delegates to conventions to nominate candidates for national, state, or municipal offices, for cau- cus wardens and clerks, or for members of a political com- mittee to be elected by such caucus, and the polls shall be kept open until 9:30 p. m. All ballots shall be printed or written on white paper, and Material of ballots. no tissue paper shall be used for any caucus ballot. ch. sct, as above. '20 Polls to be open, when. Ch. 867, as above. Voting to be by ballot. Ch. 8G7, as above. 154 ELECTIONS. Names of candidates. Ch. 867, as above. Ballot for caucus clerks. Ch. 8G7, as above. First caucuses. Act of 1901, Ch. 867 Sec. 5. Voting lists. Council caucuses. Special caucuses. Ch. 867, as above. The names of all candidates for which any elettor shall vote at any caucus shall be written or printed upon one ballot. Every ballot cast for a candidate for caucus clerk of any voting district shall have printed or written thereon the num- ber of the voting district in which the person casting such ballot is entitled to vote. And no ballot upon which shall appear the number of more than one voting district shall be counted for any candidate for caucus clerk. Sec. 11. All caucuses, excepting those necessary for a special election, shall be held after the second Thursday next after the first Monday in September of each year. The voting lists of the several wards and voting-districts in said cities, as canvassed on the Tuesday after the first Mon- day in September shall be used in said caucuses : provided, however, that all caucuses for the nomination of candidates for the city council of either of said cities shall be held within twenty-five days of the Tuesday after the first Mon- day in November, and the board of canvassers in said cities shall annually hold a canvass meeting on the twenty-seventh day preceding the Tuesday next after the first Monday in November, to canvass and correct the voting-lists of electors qualified, and who may be qualified, by the payment of a tax to vote for members of the city council. No other person shall be permitted to vote in any caucus held for the nomi- nation of members of the city councils of said cities, or shall be qualified to sign nomination papers therefor. No- tice of this canvass meeting shall be given in the same man- ner and for the same time as required by law in the case of a final canvass meeting prior to an election. At all other caucuses the voting lists of the several wards and voting districts in said cities last published according to law, with such subsequent changes thereon as may be certi- fied by the board of canvassers in Pawtucket, or by the clerk thereof, and the board of canvassers and registration in Providence, to a date not more than five days prior to the earliest day designated by any political party for the hold- ing of any caucus for the nomination of candidates for any elective otfice, or of choosing delegates to a conven- ELECTIONS. 155 tion to nominate candidates shall be used for any elective office, ng lists for use at caucuses. Ch. 807, as above. and provided a/so, that in case of Canvass meetings for special caucuses. the calling of a caucus to nommate candidates at any special election to fill a vacancy in the city council in either of said cities, said board of canvassers in Pawtucket. and the board of canvassers and registration in Providence, shall hold a canvass meeting for the purposes aforesaid at such time prior to such caucus, and shall give such notice thereof, as they shall in each case prescribe An exact copy of such voting list, duly certified by the Voti city clerk in Pawtucket, or the board of canvassers and registration in Providence, respectively, shall be used at all caucuses held during the same series of caucuses for the same election as above provided, and all the names of per- sons voting at each such caucus of the same political party shall be checked on such list in one and the same color by a dash at the left of the name, which color shall be differ- ent from any which may have been used in any previous caucus of any other political party of the same series and for the same election ; and all voting for caucus officers, candidates for any elective office, delegates to any conven- tion, or members of any political committee, shall be by the use of such check list. The city clerk in Pawtucket, and the board of canvassers and registration in Providence, are hereby authorized and required to furnish, at the expense of said cities, suitable ballot boxes, blank forms of certificates and returns and other (.lection stationery, for each polling place at which any caucus is held, and to cause the voting lists aforesaid to be delivered at each such polling place to the caucus warden, or other officer authorized to preside at said caucus, prior to the hour of seven o'clock in the evening of the day on which any such caucus is to be held; and it is hereby made the duty of the chiefs of police of said cities to detail such number of police officers to each such polling place, for the preservation of order and tc deliver the voting lists aforesaid, as may be requested by said city clerk of Paw- tucket and said board of canvassers and registration of Providence. Ballot boxes and supplies. Ch. 8C7, as above 156 ELECTIONS. Eligibility to partici- pate in caucus. Ch. 867, as above. See also page 150. Vote, how challenged. Ch. SG7, as above. Plurality elects or nominates. Proceedings in case of a tie vote. Vacancy may be filled in case of tie vote for ward com- mittee. No person shall be entitled to vote or take part in any caucus for the nomination of candidates for any elective office, or for the choosing of delegates to any political con- vention for the nomination of candidates for any elective office, unless such person is, at the time of holding such caucus, a qualified elector for such elective office, or whose name does not appear on such voting list, or whose name has been checked upon said voting list, or who shall have signed nomination papers of candidates for any elective office to be voted for at the same election as that for which such caucus is being held, or who shall have voted at any caucus of any other political party within ninety days. If at any caucus held under the provisions of this act, any person offering to vote is challenged for any cause recog- nized by law, the caucus warden shall require the name and residence by street and number of such person to be written by himself, or by some one for him, on the outside of the ballot offered by him, and the caucus warden shall add the name and residence by street and number of the person so challenging, and the cause assigned for the challenge, be- fore such ballot is received ; but nothing in this section shall be construed as permitting any caucus officer to re- ceive any ballot which by law he is required to refuse. Sec. 12. The person or persons receiving the highest number of votes in a caucus shall be deemed and declared to be elected or nominated. In case of a tie vote for delegates to a convention, or in case of a place being unfilled in a delegation, or in case of a vacancy occasioned by inability or neglect of a delegate to attend a convention, such vacancies shall be filled only by vote of the remaining members of the delegation, at a .meeting duly called for the purpose. Such meeting shall choose a chairman and secretary, and the secretary shall notify the secretary of the convention of the action of the meeting so far as it relates to a vacancy. In case of a tie vote for members of a ward committee, or for caucus officers, the members duly elected shall fill the vacancy or vacancies. ELECTIONS. 157 In case a majority of a delegation to any convention, or Adjournment of . caucus in case of ward committee, or caucus omcers, are not elected, or in no election, case of a tie vote for candidates for an elective office, the caucus shall adjourn to such day as shall be designated at said caucus by a caucus warden, but not to any day at which a caucus of any political party has been called. Immediately on the closing of the polls the caucus warden Caucus vote, how counted ; plurality to and clerk shall in open caucus proceed to count the ballots elect, cast, and the candidate or candidates receiving a plurality of the ballots shall be declared by the caucus warden to be elected. The ballots and voting lists shall then be forth- Return of ballots and with separately sealed up, together with a statement of the ^o mg result of the balloting, substantially in form required by law in the case of state elections, and shall be forthwith de- livered in person by the caucus clerk of the first voting district in each ward to the city clerk in the city of Paw- tucket, and to the board of canvassers and registration in the city of Providence. Sec. 18. The warden of every caucus shall, within certificates of eiec- twenty-four hours after said caucus is held, deliver, send, or ^.'"Xr™"''''"" '''' cause to be sent, to each delegate to a political convention and to each member of a political committee, a certificate of his election, and to each candidate for an elective office a notice of his nomination, and shall also cause the certificate of nomination required by law in the case of all candidates who are nominated by such caucus for any elective office to be prepared and seasonably filed in the proper public office. Upon the check lists used at such caucus the clerk check- Verification of check list. ing such list shall make a return under oath that the said check list is the identical one used in the caucus of the politi- cal party for which it was furnished, and that the names checked in the color employed at such caucus were truly and properly checked at such caucus, and that no altera- tion or erasure or additional check has been made thereon, and said city clerk in Pawtucket, and board of canvassers and registration in Providence, shall make a true copy of said check list in the same color or colors appearing there- certified copies of on, and shall deliver such copy, duly certified by him or suSlnr^ucuVe*!: them in like manner as hereinbefore specified, to the caucus of fees. 158 ELECTIONS. warden of the political party whose caucus next occurs, and shall proceed in like manner until all the same series of caucuses for the same election have been held, when he and Preservation and they shall respectively seal up and preserve the same, use of lists. , ... . ^ , . , . together with the copy or copies thereof hereinbefore pro- vided, for the space of thirty days after the last meeting of said series. If before the expiration of said time they shall be requested in writing by ten voters entitled to vote in any of said series of caucuses, they shall safely keep said ballots and check lists for the period of three months thereafter, and said city clerk of Pawtucket shall produce the same if called for by the board of canvassers of said city. Certified copies of The city clcrk in Pawtucket, or the board of canvassers caucus check lists to j • . . • • -o • j r^ ] i i • ^ i i elector on payment ^"d registration in Providcnce, after a check list has been used at a caucus of a political party held under the pro- visions of this act, upon written application for a copy of the list as checked, signed by any qualified elector in said city, and upon payment or tender of the fees provided by law therefor, may unseal and open the wrapper containing such check list, and shall furnish to such applicant a cer- tified copy of the list as checked and shall then reseal the same. Recount o caucus If before five o'clock in the afternoon of the day succeed- ing the day on which any caucus is held under the pro- visions of this act, a person who has received votes thereat for nomination or election to any elective office, delegation, or political committee, shall serve upon the city clerk of Pawtucket, or the board of canvassers and registration in Providence, a statement in writing that the records and re- turns made by the caucus officers, as aforesaid, are erro- neous, and specifying wherein the same are erroneous, and claiming an election or nomination by said caucus for the petitioner, and petitioning for a recount of such ballots by the board of canvassers in Pawtucket, or the board of can- vassers and registration in Providence, such city clerk and board of canvassers and registration, respectively, shall re- tain all the ballots cast at such caucus for such nomination or elective office until such claim is withdrawn or the con- test for the nomination or election is fully determined by vote, how made. ELECTIONS. 159 In Providence the board of canvassers in Pawtucket, or by the board of canvassers and registration in Providence. The city clerk of Pawtucket shall forthwith notify the Notice of recount. members of the board of canvassers of said city of the filing of such petition, and it shall be the duty of said board of canvassers in Pawtucket to forthwith convene in their chamber at the city hall and to cause notice in writing to be served upon all other candidates for the same office receiv- ing votes at said caucus, at the expense of the petitioner, of the filing of such petition for a recount, and shall appoint a time and place for the recount of said ballots within twenty- four hours from the time of ordering such notice. At the time specified by said board of canvassers said city clerk shall transmit to such board all the ballots cast at such cau- cus and the voting list used thereat. In the city of Provi- dence like proceedings shall be observed by the]^board of canvassers and registration, at the expense of the petitioner; and at the appointed time and place said board of canvass- ers of Pawtucket, and board of canvassers and registration in Providence, respectively, shall proceed to recount said ballots, and to hear and determine all questions raised for or against the counting of the same or of any thereof, and such recount shall stand as the true record and result of the vote cast at such caucus, and the proper officer shall cause the names of the persons so declared to be nominated for any elective office to be printed upon the official ballots, in ac- cordance with the certificate of such recount by said board of canvassers in Pawtucket, or the board of canvassers and registration in Providence, respectively, which shall be deemed to be made and filed as of the day of holding such caucus. Any candidate receiving votes at such caucus for such nomination or office may be present during such recount, either in person or by an agent duly appointed in writing. Sec. 14. Caucuses relative to a special election shall be Caucuses for special clGCtionsa held at such time and place, and subject to such reasonable notice, as the political committee whose duty it is to provide for holding the same may determine. All calls for the same shall be issued by the chairman and secretary of the city Presence of candi- dates at recount. 160 ELECTIONS. committee of said cities; and when called, they shall be held in the same manner and subject to the same rules as govern caucuses called for elections whose date is fixed by law. Penalties on public Sec. 15. Every public officer, or officer of a political officers and political iii-irii -i ri ■• r officials. party, who shall wilfully violate any of the provisions of this act, or shall refuse, or wilfully neglect and omit, to per- form, in the manner and within the time prescribed, any duty imposed upon him by this act, shall be fined not less than fifteen nor more than fifty dollars, or imprisoned in jail for a period not exceeding thirty days, or both. Penalty for illegal Every person at a caucus who, knowing that he is not en- votmg. titled to vote, votes or attempts to vote ; or votes or at- tempts to vote upon any other name than his own ; or votes or attempts to vote more than once upon his own name ; or deposits or attempts to deposit more than one ballot for any candidate for any elective office or delegate to any conven- tion or caucus officer or member of any political committee on the same balloting ; or at any caucus gives a false answer to any caucus clerk or the presiding officer of any caucus relative to his right to vote at such caucus, shall be punished by imprisonment in jail not exceeding thirty days. Penalty for aiding VVhocvcr aids or abcts a person not entitled to vote at a or for abetting illegal . ^. ._^ i- ^ ^ i ^i voting. caucus lu voting or attempting to vote under a name other than the voter's own name, or in voting twice upon the voter's own name, or aids or abets a person in depositing or attempting to deposit at a caucus more than one ballot as aforesaid on the same balloting, shall be punished by imprisonment in jail not exceeding thirty days. Penalty for falsifying Whoever wilfully alters or wilfully makes any change, erasure, or additional check in the names checked upon the check list used or to be used at a caucus, or, having custody or control of such check list, shall suffer or permit any alter- ation, change, erasure, or additional check to be made in the names checked upon such check list, shall be punished by imprisonment in jail not exceeding sixty days. Penalties not otber- Exccpt as Otherwise herein provided, the penalties im- wise provided. i i i i • i , rr i ^ posed by law upon election and other officers and voters who violate the provisions of acts regulating state elections are hereby imposed upon the same and like caucus and ELECTIONS. 161 Other officers and voters for the same and like violations of this act. Sec. 10. It shall be the duty of every police or other Arrest without warrant. peace officer or constable to arrest without warrant any per- son detected in the act of violating the provisions of this act. Sec. 17. All state, city, and ward committees which are Application of this act to existing politi- in existence at the date of the passage of this act shall be cai committees. subject to the provisions of this act, and shall hold office See also page 149. until the first day of May, a. d. 1900, and until their suc- cessors shall have organized : p^vinded, that such state, city and ward committees as shall have been elected, but not or- ganized, at the time of the passage of this act, shall hold office from the date of their organization until said first day of May, A. D. 1900, and until their successors shall have or- ganized. The foregoing provisions of this act shall apply to the Newport. r XT ^ • ^1 ii 1 * *.! •.. Act of 1S99, Ch. 709. city of Newport in the same way as they apply to the city ^^^^^ 1901 ch. 867 of Pawtucket. Sec.'7. Sec. 18. All acts and parts of acts inconsistent herewith Operative clause. are hereby repealed; and this act shall take effect upon its passage. 21 162 ELECTIONS. Chapter 859 of March 29, 1901. AN ACT IX RELATION TO THE USE OF VOTING MACHINES. Section 1. Authority to use voting machines. 2. Capabilities of lawful machines ; record on paper; counting machine: construction ; secrecy ; prevention of fraud. 3. Examination of voting machines by State returning board; mechanical experts. 4. Adoption of voting machines by cities and towns ; capacity of such machines. 5. Sufficient number to be purchased. 6. Minimum number of machines ; sep- arate machines for property voters in cities. 7. Notice of adoption. 8. Voting machines already owned may be used, if adequate ; inadequate machines prohibited ; manner of voting if not by machine. 9. Machines to be numbered. 10. Election officers to be instructed in use of machines. 11. Voting places to be also equipped as for elections under secret ballot law ; location of voting machine. 12. Method of voting if machines are not ready at the opening of the polls. 13. Method of voting if the machines fail or are inadequate ; supervision of voting by machine and con- tinuance of election by secret ballot law. 14. Contemporaneous voting by machine and by ballot prohibited, excepting scattering voting ; repair of voting machine during election prohibited. 15. Definitions : "ballot caption " ; "face plate"; "tally sheet"; " diagram." 16. Arrangement and form of ballot cap- tions of Republican, Democratic and other parties, by secretary of state and by city and tovra clerks ; Section different ballot captions may be in same column, when ; questions sub- mitted to the people. 17. Designation of ballot captions to be made and notified by secretary of state. 18. Arrangement of candidates and ques- tions on ballot captions ; paper and type. 19. Form of tally sheets. 20. Form of instruction sheets. 21. Ballot captions, tally sheets, dia- grams and instruction sheets, by whom furnished ; posting in public places ; diagrams and instruction sheets for polling places, and post- ing thereof. 22. Adjustment of voting machines for elections ; counters at zero ; ballot captions ; tally sheets ; locks and seals. 23. Supervision of machines during elec- tion ; method of voting. 24. Conduct of electors within guard rail. 25. Time allowed at the voting machine. 26. Scattering voting. 27. Assistance in voting ; secrecy im- posed. 28. Instructions in voting after entering the machine ; prohibitions. 29. Voting to be secret. 30. Of right to vote after entering a machine. 31. Use of ballots. 32. Supervisors of election. 33. Record of election ; count and declar- ation of election. 34. Application of ballot law to elections by machine. 35. Penalty for false statement of in- ability. 36. Penalty for willful injury to posters. 37. Penalty for neglect of duty by elec- ■ tion officers. 38. Operative clause. Authority to use voting machines. // is enacted by the General Assembly as follows : Section 1. The use of such voting machines as shall have been examined and approved by the state returning board, in the election of all officers by the electors, and in ELECTIONS. 163 voting upon propositions of amendment of the constitution and upon questions submitted to the electors of the state or of any city or town, is hereby authorized under the restric- tions provided in this act. Sec. '2. No voting machine shall be so approved or used unless it accurately makes upon paper a mark, indentation or perforation for every vote cast for any candidate, and for or against any proposition of amendment or question sub- mitted to the electors, in such manner that the paper bear- ing such marks, indentations or perforations may be re- moved from such voting machine at the close of the voting, and be sent to, and counted by, the board or council re- quired by law to count such votes, in like manner as official ballots might be sent and counted, and unless such machine is equipped with a counter which records the total number of electors who use such machine. Such machines must also be constructed with at least five columns of buttons, levers, or other devices, for recording the choice of the electors, each of which columns maybe devoted to all of the candidates of one party or organization. Such machines must permit voting to be done in absolute secrecy, and must prevent the vote of any elector who votes for more than one candidate for the same office from being counted and pre- vent any elector from voting for any one candidate twice. Sec. 8. The state returning board shall from time to time examine such voting machines as in its opinion will probably comply with the requirements of this act, and if satisfied as to the durability, accuracy, efficiency, and capa- city, of any such machine, and that it does comply with the requirements of this act, shall approve the same, and there- after such machine may be used as provided in section one hereof. In makihg such examination said board may em- ploy mechanical experts to assist it, and the bill for the ser- vices of such experts shall be paid, by the person or persons offering such machine for examination, before such examina- tion is had. Sec. 4. The city council of any city, and the town council of any town, in which an appropriation therefor has been made by the qualified electors thereof, may adopt, Capabilities of lawfuj machines. Record on paper. Counting machine. Construction. Secrecy. Prevention of fraud. Examinations of voting machines by the state returning board. Mechanical experts. Adoption of voting machines by the cities and towns. 164 ELECTIONS. Capacity of such machines. See section 8, p. 1(35. Sufficient number to be purchased. Minimum number of machines. Separate machines for property voters in cities. Notice of adoption. purchase and furnish for all elections in such city or town any voting machine approved by the state returning board in accordance with the provisions of this act ; but all voting machines so purchased, and all voting machines purchased by the secretary of state under the provisions of Chapter 794 of the public laws, for any city or town, shall be of such size as to afford opportunity for voting, in each column thereof, for all officers who at the time of such purchase are required by law to be voted for at one time in such city or town, and for at least six additional officers. Sec. 5. In every city or town where voting machines have been adopted, a sufficient number of such machines shall be purchased to enable all the electors of such city or town to vote by the use of such machines, and thereafter the election of all officers by the electors thereof and the voting upon all propositions or questions submitted to the electors thereof, shall be done by the use of such machines, except as provided in this act : provided^ that the voting in annual or special town meetings upon propositions to impose a tax, or upon questions in voting the expenditure of money, need not be so done. Sec. 6. At each voting place where such voting machines are used, at least one voting machine shall be furnished for every five hundred qualified electors, and for every fraction of five hundred qualified electors in excess of one hundred, whose names are upon the voting list used at such voting place, and entitled to use such machine. At each such vot- ing place, in all cities, at elections for mayor and members of the board of aldermen and common council, registered voters shall not be permitted to vote upon any voting ma- chine used by voters qualified to vote for members of such boards or councils. Sec. 7. The clerk of any city or town which adopts and purchases voting machines in accordance with the provis- ions of this act, shall forthwith notify the secretary of state of such adoption and purchase, and no such voting machine shall be used in any election in any such city or town until thirty days thereafter. ELECTIONS. 165 Sec. 8. Voting machines which at the time of the pas- sage of this act have been purchased by, or supplied to, any- city or town in accordance with the provisions of the then existing law, may hereafter be used in elections in such city or town, although not complying with the requirements of this act concerning the capacity of such machines for can- didates' names, if they are adequate in that respect for the purposes of elections held therein. No voting machine shall be used in any election where voting for all the candi- dates and questions to be voted upon cannot be done by means of such machines ; but in such elections all voting shall be done in accordance with the provisions of law which would apply if the use of voting machines had not been ordered. Sec. 9. Every voting machine so used shall be num- bered, and the number thereof shall be painted upon such machine in figures not less than three inches in length. Sec, 10. Every city or town which ^adopts or purchases voting machines shall employ some skilled mechanic to fa- miliarize himself with the construction and operation there- of, and to instruct from time to time election officers, as they are appointed or elected, in the operation of such machines. Sec. 11. Every voting place at which such voting ma- chines are used in the election of officers, or in voting upon propositions or questions required by law to be voted for or upon under the provisions of chapter eleven of the General Laws, shall also be equipped in all particulars, and supplied with official ballots in the same manner and by the same persons, as is provided in said chapter ; and all such voting machines used thereat shall be placed within the guard-rail, and located as far as possible conformably to the provis- ions of said chapter in relation to the placing of voting shelves, by the persons charged with the duty of placing voting shelves by said chapter. Sec. 12. In case the voting machines, or any of them, required by law for use at any such voting place are not in position and in working order at the time for opening the polls thereat, all voting at such voting place upon that day shall be done in accordance with the provisions of law Voting machines already owned, may be used if adequate. See section 4, p. 163. Inadequate machines prohibited. Manner of voting, if not by machine. Machines to be num- bered Election officers to be instructed in use of machines. Voting places to be also equipped as for elections under the secret ballot law. Location of voting machines. Method of voting, if machines are not ready at opening of polls. 166 ELECTIONS. Method of voting if machines fail, or are inadequate. Suspension of vot- ing by machine, and continuance of elec- tion under secret bal- lot law. Contemporaneous voting by machine and by ballot, pro- hibited, except scat- tering voting. Repair of voting machine during elec- tion, prohibited. Eallot-caption. " Face-plate." " Tally-sheet.'' " Diagram." which would apply if the use of voting machines had not been ordered. Sec. 13. In case at any such voting place, after voting by the use of voting machines has commenced, any voting machine shall fail to operate, the moderator or warden shall immediately seal up the opening of such machine, and shall immediately, if but one voting machine is furnished thereat, or as soon thereafter as in his opinion the remaining voting machines do not furnish ample opportunity for all electors to record their votes when offered, suspend the use of all voting machines at such voting place on that day and seal up the opening of each such machine which has been used. Thereafter on that day all voting thereat shall be done in accordance with the provisions of law which would apply if the use of voting machines had not been ordered. Sec. 11. In no case, at any voting place, shall votingfor or upon the same candidates, propositions, or questions, by the use of voting machines and by ballot be permitted at one and the same time, except as provided in section twenty-six of this act; and -in no case shall any attempt be made by any election officer or other person to repair or cor- rect the operation of any voting machine which has failed to operate, after voting by its use has commenced, until after the close of the polls and the removal from such vot- ing machines of the paper record therein, and the recording of the counter record of such machine by the moderator or warden and clerk. Sec. 15. For the purposes of this act a ballot-caption is defined to be the list of candidates of one political party or organization and of the propositions or questions required by law to be printed as a part of said list, which is affixed to the face-plate of the voting machine in appropriate rela- tion to the push-buttons or other devices by which the elec- tor records his choice. A face-plate is defined to be that part of the voting machine upon which are displayed the subjects of the election for the guidance of the voter. A tally-sheet is defined to be the paper on which the voting machine records by marks, indentations or perforations the votes cast by the electors. A diagram is defined to be a ELECTIONS. 167 printed representation of the face-plate of the voting ma- chine as it appears when the ballot-captions are affixed thereto. Sec. 16. In equipping such voting machines for use, the ballot-captions shall be arranged upon the face-plate in columns, and each ballot-caption shall contain the names of all the candidates tor election who have been duly nomi- nated on behalf of the political party assigned to that col- umn. Beginning at the left of the face-plate, the ballot- caption of the republican party shall be arranged in the first column ; the ballot-caption of the democratic party shall be arranged in the second column, and the ballot- captions of other parties or organizations in the columns designated by the secretary of state for all such other par- ties or organizations which nominate candidates for national, congressional, or general officers, or members of the general assembly, and by the city and town clerks for all such other parties or organizations which nominate candidates for city, town, and voting district officers only. Columns which have been so designated by the secretary of state for such other parties or organizations which do not make nominations for city, town, or voting district officers may be also desig- nated by city or town clerks for parties or organizations which make nominations for such officers only, in case the number of parties or organizations making nominations ex- ceeds the number of columns upon the face-plate of the voting machines. In each of the columns designated by this act, or by the secretary of state, for a political party or organization, shall be printed, as a part of the ballot-caption of such party or organization, the title of any proposition of amendment of the constitution or question which is to be voted upon, with such description thereof as space will allow, in such manner that the electors may approve or reject such proposition or question. Sec. 17. Immediately upon the expiration of the time for filing nominations with the secretary of state, he shall make the designations required to be made by him by the provisions of section sixteen of this act, and shall at once notify the clerks of the cities and towns where voting machines are used, of such designations. Arrangement of the ballot-captions. Republican. Democratic. Other parties. By whom arranged. Different captions may be in the same column, when. Questions submitted to electors. Designation of the columns assigned to third parties. 168 ELECTIONS. Paper and type. Form of tally-sheets. Arrangement of the Sec. 18. The arrangement of the names of candidates names of candidates and questions on the to DC votcd for, and of propositions of amendment and ques- ballot-captions. ' . tions to be voted for and against, on the ballot-captions of the several parties, shall be as follows : First — Electors of president and vice-president. Second — Representatives in congress. Third — General officers. Fourth — Proposed amendments of the constitution. Fifth — Questions submitted to the electors of the state. Sixth — Senators and representatives in the general as- sembly. Seventh — The question of granting liquor licenses. Eighth — City and town officers. Ninth — Other questions submitted to the electors of any city or town. Tenth — Voting district officers. Ballot-captions shall be printed upon white paper in as clear and distinct type as the space will allow. Sec. 19, The tally-sheets used in such voting machines shall be properly ruled and spaced for the purposes of the election, and upon each tally-sheet, or upon a like ruled and spaced paper which shall be pasted upon such tally-sheet, shall be printed the names of the candidates to be voted for and the titles of the propositions or questions to be voted upon, within the spaces in which the marks, indentations or perforations recording the votes cast for such candidates, or for and against such propositions and questions, will appear ; and on each such tally-sheet or paper shall be printed or written the name of the city or town and voting district where, and the number of the voting machine in which, it is used. Sec. 20. Instruction sheets shall be printed on white paper or cardboard, in clear type, and shall contain full instructions as to the method of voting by such machines ; the method of obtaining assistance in their operation ; the method of procedure by electors who desire to vote for per- sons whose names do not appear on the ballot-captions; and generally any information which will assist the electors in voting. t'orni of instruction sheets. ELECTIONS. 169 Sec. 21. The secretary of state and the clerks of the cities and towns where such voting machines are used shall for all elections held therein prepare and supply ballot-cap- tions, tally-sheets, diagrams, and instruction sheets, in the same manner, at the same times, and to the same persons, as they are required by the provisions of chapter eleven of the General Laws to furnish official ballots, specimen bal- lots, lists of candidates and instruction sheets. Said dia- grams shall be posted in such cities and towns previous to the day of election, by the same persons, at the same times, and in the same number and manner, as lists of candidates are required to be by said chapter. For each polling place where such voting machines are used there shall be so sup- plied at least ten diagrams and ten instruction sheets ; and for each voting machine used thereat, at least two tally- sheets and two sets of ballot-captions. Such diagrams and instruction sheets shall be posted up in such voting places by the moderator or warden before the opening of the polls. Sec. 22. Before the opening of the polls at any voting place where voting machines are used, the moderator or warden shall set the counter of each such machine at zero, and the clerk and each of the supervisors at such voting place shall satisfy himself that this has been done. The moderator shall also, before the opening of the polls, affix the ballot-captions to the face-plate of each machine, in the columns shown in the diagrams, and carefully and accurately insert in their places in each machine the necessary tally- sheets. He shall then, in the presence of the other elec" tion officers, lock and seal the opening of the machine through which the tally-sheets are inserted, and it shall not be unlocked or unsealed by any person, on any pretext whatever, until after the close of the polls. Sec. 23. Each such voting machine during the time of voting shall be in the charge of a supervisor designated by the moderator or warden. Before any elector enters any such machine he shall give his name to the supervisor, who shall repeat it in a clear, distinct voice to the moderator or warden and clerk. The clerk shall thereupon check such name upon the voting list, and when the moderator or war- By whom ballot- captions, tally-sheets , diagrams, and instruc- tion sheets are to be furnished. Posting in public places. Diagrams and in- struction sheets for polling places, and posting thereof. Adjustment of the voting machines for elections. Ballot-captions. Tally-sheets Locks and seals. Supervision of the machines during an election. Method of voting. 170 ELECTIONS. Conduct of electors within guard-rail. Time allowed at the voting machine. Scattering voting. Assistance in voting. Secrecy imposed. Instruction in vot- ing, after entering the machine. den announces that such name has been checked, the super- visor in charge of such machine, shall allow such elector to enter the same and vote. Sec. 24. Upon being admitted within the guard-rail by the supervisors, each elector, except as provided in section twenty-six of this act, shall immediately proceed to a voting machine and vote, or shall, under the direction of the mod- erator or warden, or of a supervisor designated by the mod- erator or warden, take his place in the line of electors awaiting an opportunity to vote. So far as may be, said line shall be formed in the order in which the electors are admitted within the guard-rail, and every elector, except the election officers, shall pass outside of the guard-rail as soon as he has voted. Sec. 25. No elector shall be permitted to remain at the voting machine longer than one minute if more than ten other electors are waiting for an opportunity to vote ; and in no case shall an elector be permitted to remain longer than two minutes at the machine. Sec. 26, Any elector who desires to vote for a person whose name does not appear on any ballot caption, shall state that fact to the moderator or warden immediately upon passing within the guard-rail. He shall not be allowed to vote upon a voting machine, but shall vote in accordance with the provisions of law which would apply if the use of voting machines had not been ordered. Sec. 27. Any elector who declares to the moderator or warden that he cannot read the ballot-captions, or that by reason of blindness or other physical disability, he is unable to operate the voting machine, shall, at the direction of the moderator or warden, receive the assistance of two of the supervisors, one a republican and the other a democrat, in operating the voting machine for the purpose of voting, and such supervisors shall not thereafter give any informa- tion regarding the same. Sec. 2S. In case any elector, after entering a voting machine, shall ask for further instructions concerning the manner of voting, he shall at the direction of the moderator or warden be given such instructions by two supervisors. ELECTIONS. 171 one a republican and the other a democrat ; but no such Prohibitions. supervisor shall in any manner request, suggest, or seek to persuade or induce any such elector to vote for or against any party or candidate, or for or against any proposition or question. After receiving such instructions such elector shall vote as in the case of an unassisted voter. Sec. 29. No election officer, except as provided by law, voting to be secret and no other person, when within said inclosed space, shall witness, or attempt to witness, the act of voting by any elector other than himself. Sec. 30. No elector, after entering any^voting machine, of rigiit to vote shall be permitted upon that day to vote in any other man- entering a mac nne ner for the candidates or upon the propositions or questions displayed upon the ballot-captions of such machine, unless such voting machine fails to record his vote. Sec. 81. No ballot of any kind shall be given out or Use of ballots. used at any voting place where voting machines are used, except by direction of the moderator or warden given pur- suant to the provisions of this act. Sec. 32. At every voting place where either one or two supervisors of voting machines are used, six supervisors in all ; at every voting place where three voting machines are used, eight supervisors in all ; and at every voting place where four voting machines are used, ten supervisors in all, shall be appointed to serve, in the manner provided in chapter eleven of the General Laws. Sec. 33. At the close of the polls the moderator or Recordof election by 1 1 1 1 1 11 1 1 ■ ■ 1 • .1 1 election officers. warden, and clerk, shall make a record in ink in the record book of the number of electors who have voted in each vot- ing machine as shown by the counter thereof, and shall re- move the tally-sheets from the machines, and shall count, (^-^^^1 ^nd deciara- by mechanical counter or otherwise, the votes given in for tion of election. each candidate and for and against each proposition or question, and declare the same in open meeting. Sec. 34. All provisions of law in relation to the conduct Application of bai- of elections and to the handling and disposition of ballots by niadiin°es.^'^"'""^ cast thereat, not inconsistent with the provisions of this act, shall apply to elections at which voting machines are used and to the handling and disposition of the tally-sheets used in such machines. 172 ELECTIONS. Penalty for false statement of inability. Penalty for wilful injury to posters. Penalty for neglect of duty by election officers. Operative clause. Sec. 35. Any elector who shall make a false statement as to his inability to operate a voting machine shall be pun- ished by a fine of not less than five nor more than one hundred dollars. Sec. 36. Any person who shall, previous to an election, wilfully deface or destroy any diagram posted in accordance with the provisions of this act, or who, during an election, shall wilfully deface, tear down, remove, destroy, or mark any instruction sheet or diagram printed or posted for the instruction of voters, shall be punished by a fine of not less than fifty nor more two hundred dollars, or by imprison- ment for not more than three months, or by both such fine and imprisonment. Sec. 37. Any public officer upon whom a duty is im- posed by this act, who shall wilfully neglect to perform such duty, or who shall perform it in such a way as to hin- der the objects of this act, shall be punished by a fine of not less than fifty nor more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 38. Chapter 744 of the public laws, passed at the January session, a. d. 1900, is hereby repealed ; and this act shall take effect upon its passage. 173 FRANCHISES. The existing relations between the city of Providence and the corporations having franchises, exclusive and otherwise, to use the highwaj^s for their business are governed by statutes of the General Assembly granting franchises or authorizing contracts to be made with these corporations. Under these enabling statutes action has been taken by the City Council in relation'to the respective corporations as follows : UNION RAILROAD COMPANY. On May 3, 1892, the General Assembly passed an act See Franchise Act, granting to the Union Railroad Company an exclusive right to do business in the city of Providence for a period of twenty years from July 1, 1892, upon the payment of a special tax of three per centum per annum of its gross earnings in the city of Providence for a period of five years and thereafter upon the payment of not less than three per centum nor more than five per centum per annum for each succeeding period of five years. On May 23, 1893, the General Assembly passed an act requiring the Providence Cable Tramway Company and the Union Railroad Company For this Act see p. to make additional payments for the use of certain of the streets in the city of Providence, and in addition to and in amendment of an act concerning the Union Railroad Com-' pany passed at the January session, A. d. 1892. This act also granted exclusive rights to the Providence Cable Tram- way Company to do business in certain streets in the city of Providence for a period of twenty years from May 8, 1892, and provides that the Union Railroad Company as the owner of substantially all of the stock of said Tramway Company shall pay a special tax upon its gross earnings at the same rate as shall at the same time be paid to the 1T4 FRANCHISES. Rate of Special Tax. city by said Union Railroad Company. It was also pro- vided in this act that the payments required to be made by the act should commence whenever the provisions of this act were accepted in writing by the city of Providence by vote of its City Council, and such assent delivered to said railroad companies, and when the same shall have been accepted by said companies and such assent delivered to said city. Acceptance by City On May 29, 1893, this act was accepted by the City Council by Resolution No. 327, and the agreements therein pro- vided for were exchanged with said railroad companies. By Resolution No. 163, approved May 3, 1898, the City Council accepted the proposal of the Union Railroad Com- pany dated April 22, 1898, agreeing to pay to the city of Providence five per centum per annum on its gross receipts for the period of five years from July 1, 1897, the repre- sentatives of the city and the railroad company having failed to agree on the rate of said special tax as provided in said act of 1892, and arbitrators having been appointed to determine said rate, but before action thereon by the arbi- trators said company agreed to pay the full rate fixed by statute. On January 4, 1899, an agreement was made by the City Council with the Union Railroad Company to haul freight cars in certain streets ; and provision for freight traffic connections was also made in Chapters 88 and 89 of the city ordinances, approved December 20, 1900. By Resolution No. 257, approved July 7, 1899, the City Council approved an agreement leasing to the Union Rail- road Company a right of way for street railway tracks on Railroad Terrace, so called, upon the payment of a yearly rental of $100 and including said tracks in its mileage upon which a special tax is paid. The question of transfers has been agitated in the City Council since 1887, and various committees have reported on the subject. Under the act of 1895 (Chapter 1403) authorizing the making of a supplementary contract between the city and the Union Railroad Company for the construc- tion of cross town lines and the establishment of a system of transfers, a committee was appointed, but no action was taken under said act. Freiglit traffic agree- ment. Lease of Railroad Terrace. Transfers. See this Act p. 191. FRANCHISES. 175 Chapter 373, passed May 7, 1896, authorizing the estab- Transfers and Trans- lishment of a system of free transfers and transfer stations er.tations. ^vas considered by a committee of the City Council. On " ctp. uu. September 14, 1896, the Common Council indefinitely post- poned the further consideration of said system of transfers. The relations between street railway companies and the Agreement between State of Rhode Island are set forth in Chapter 680, passed panfes and'\hl sme T -1X1 ono i*i.i ^ iL \ i. ■ I • 1- , c'f Rliode Island. June 10, 1898, entitled "An act providing for a tax on street .1 ,, See this Act, p. 197. railways. NARRAGANSETT ELECTRIC LIGHTING COMPANY. On May 19, 1892, the General Assembly passed an act For Act referred to granting to the Narragansett Electric Lighting Company an ^'^'^ p- - • ■ exclusive right to manufacture and distribute electricity for light, heat and power in the city of Providence for a period of twenty years from July 1, 1892, upon the payment to the city of three per centum per annum of its gross earnings in the city of Providence for a period of ten years, and not less than three per centum nor more than five per centum per annum for the second term of ten years. Said act also provides that unless the city and said company shall agree upon the price to be paid by the city for electric street lights then the pi ice of said street lights shall be fixed by arbi- tration. The price of street lights was fixed by arbitration under a contract for 1,300 lights, dated October 29, 1892, authorized by the City Council by Resolution No. 632, appr'bved October 8, 1892. On March 14, 1895, a supple- mentary contract was made increasing the number of lights to 1,800. On July 5, 1898, a new contract was made by the City contracts for street Council with the Narragansett Electric Lighting Company wliereby said company agreed to place its wires underground in the close building district, and the term of the then exist- ing contracts for street lights was extended from 1902 to June IT), 1906, at a reduced sliding scale of prices. In con- sideration of this agreement the Electric Lighting Company agreed to pay to the city from and after July 5, 1898, until July 1, 1912, five per centum per annum on its gross earnings in the city of Providence, and this proposal was accepted by lights. 176 FRANCHISES. Authorized by Ch. 975, p. 178. Chapter 843 of the city ordinances, approved July 11, 1898. Contracts were also made with the Electric Lighting Company for street lights dated September 17, 1898, for illuminating the approaches to the new railroad passenger station ; and also on May 12, 1900, for 1850 incandescent electric lights to take the place of gasoline lamps. PROVIDENCE GAS COMPANY. An agreement was made by the City Council with the Providence Gas Company under the provisions of Chapter 975, of May 25, 1891, (now Chapter 77 of the General Laws) granting said company the exclusive use of the high- ways for the purpose of distributing illuminating gas. This contract was made under authority of Resolution No. 477, series of 1892, and grants said Gas Company a twenty year franchise from August 8, 1892, upon the payment to the city of three per centum per annum on its gross earnings during said period. Authorized' by Ch. 975, p. 178. PROVIDENCE TELEPHONE COMPANY. On December 6, 1892, the City Council passed an ordin- ance granting the Providence Telephone Company permis- sion to construct and maintain underground conduits for telephone wires, and to carry on a telephone business, upon the payment of an annual tax equal to one and one-half per centum upon the gross receipts of its business derived from the rental of telephones in the city of Providence. This grant, however, provided that said conduits shall be subject at all times to the control of the City Coun- cil, and that any part or parts thereof " shall be removed, altered or changed on ninety days' notice in writing, when- ever in the opinion of the City Council, such removal, alteration or change shall be required for the public con- venience." This ordinance was accepted in writing by said Telephone Company. On February 7, 1899, a new ordin- ance (Chapter 873) was adopted by the City Council author- izing said company to build subways and to continue to carry on a telephone business. It was accepted by said company in writing, and by filing the $25,000 bond therein FRANCHISES. 177 required, on February '28, 1899. This ordinance provides that on and after January 1, 1900, said company shall pay into the city treasury quarterly three per centum per annum on its gross earnings derived from the rental of telephones within the city of Providence. It also provides that said company shall furnish, free of expense, ducts for all city wires, and shall also, whenever required, lease conduit space in its subway system in the close building district for the over- head wires of the telegraph and signal companies located in said district. In case any competing telephone company shall be authorized to do business in Providence, and shall use any of the manholes of said Providence Telephone Com- pany, then said special tax of three per centum per annum shall be abated. This ordinance, however, was made sub- ject to the terms and conditions of Chapter 561 (now Chap- ter 54 of the Revised Ordinances) regulating the use and operation of electric wires. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, The New York, New Haven and Hartford Railroad Com- Authorized by ch. pany has a twenty year franchise to occupy and use India street for its business upon the payment to the city of $1,000 per annum and certain other conditions governing the re- ception and delivery of freight. This franchise was granted by Chapter 88 of the city ordinances, approved December 20, 1900, and this ordinance was accepted by said company on December 21, 1900. 23 178 FRANCHISES. General Laws Chapter 77, re-enacting Chapter 975 x)f INIay 29, 1.H91. OF FRANCHISES IN HIGHWAYS. Section 1. City Council may grant fianchises in streets. 2. Grants may be for twenty-five years ; corporation already established to have preference ; neither of two or more corporations already estab- lished to have exclusive rights without consent of the other ; private estates may be connected. 3. Corporations to make returns of gross earnings to city treasurer ; special tax to be paid thereon ; and if not Section paid, city treasurer may collect double the amount ; proportion of tax to be paid to different towns if more than one. 4. Present rates for service not to be raised by corporation. 5. Corporations are subject to regulation by city council ; appeal by corpo- ration for relief from such regula- tion. 6. Charge for use of streets to conform to this chapter. Franchises in the streets. Section 1. Any town or city, by vote of the town coun- cil or city council, may pass ordinances or make contracts to be executed by its proper officers, granting rights and franchises in, over, or under the streets and highways in such town or city to such corporation, and for the purposes and upon the condition hereinafter specified. Exclusive rights. Sec. 2. Such grants, whether by ordinance or by con- tract, may confer upon any corporation created by the Gen- eral Assembly of Rhode Island for the purpose of dis- tributing water, or for the purpose of producing, selling and distributing currents of electricity to be used for light, heat, or motive power, or for the purpose of manufacturing, sell- ing and distributing illuminating or heating gas, or for the purpose of operating street railways by any motive power, or for the purpose of operating telephones, the exclusive right, for a time not exceeding twenty-five years, to erect, lay, construct and maintain for the purposes for which such corporation is created, poles, wires, pipes, conduits, rails, or cables, with necessary and convenient appurtenances as may be required for the conduct of the business of such corpor- ation, in, over or under the streets of such town or city : Established corpo- provided, howcver, that no grant of exclusive rights or fran- rntions to have prefer- ,. , ., ,, „ -iiiii ii. er.ces. chiscs for either of the purposes aforesaid shall be made by any city or town wherein _at the time a corporation created for the same purpose, or a person duly authorized by law to use the streets for such purpose, shall be in actual use and enjoyment of such rights, except to such corporation or person already carrying on business in such city or town ; FRANCHISES. 179 and provided fiirthe>\\.\\^\. wheneyer in any city or town more than one corporation shall at the time be in actual use and enjoyment of portions of the streets and highways for either of the purposes aforesaid, no exclusive right or franchise shall be granted to either without the consent of the other ; and pro7'ided further, that no such grant shall prevent any town or city from permitting any person or corporation to use such streets or highways for any of the purposes afore- said in order to connect and serve any two or more estates owned by such person or corporation. Sec. 3. Every corporation which shall accept exclusive rights or franchises granted by ordinance or contract under the provisions of this chapter, shall make and render to the treasurer of the town or city granting the same, on or before the thirtieth day of January, April, July and October in every year, returns, verified by the oath of its president or treasurer, of the gross earnings of such corporation within such town or city for the period of three months next pre- ceding the first day of January, April, July and October in the same year, and shall at the same time pay to such town or city treasurer, in full payment for the rights and franchises aforesaid, a special tax upon said gross earnings at a rate not exceeding three per centum upon the gross earnings of said corporation within said town or city in such year. In case any such corporation shall neglect to make payment of such quarterly tax as aforesaid, said town or city treasurer may collect and recover of said corporation, as other taxes are collectible, double the amount of the special tax shown to be due by the last preceding quarterly return of such corporation. In case any such corporation shall do busi- ness in more than one town or city, and it shall be unable to ascertain the amount of its gross earnings in each town or city separately from actual accounts kept thereof, its returns of gross earnings to be made as aforesaid shall state the gross earnings of its entire business and the length of its wires, pipes, mains, or tracks in the streets and highways of each town or city, and the gross earnings from its busi- ness in the town or city shall be taken to be that proportion of the whole gross earnings which the length of its wires. When two or more corporations, neither to have an exclusive right without consent of the other. Private estates may be connected. Corporations are to make returns of gross earnings to town or city treasurers. Special tax. When town or city treasurer may collect. Proportion of tax to different towns. 180 FRANCHISES. Limit of price. Corporations sub- ject to regulations of town or city council. How corporations may secure relief from regulations. Charge for use of streets. pipes, mains, or tracks in the streets and highways of such city or town bears to the total length of all its wires, pipes, mains, or tracks in streets and highways. Sec. 4. No corporation which shall acquire exclusive rights or franchises under the provisions of this chapter, shall, at any time during the continuance thereof, charge for its product, wares, or service to any town or city or the inhabitants thereof, any greater price than the price actually charged by it at the time of the granting of such rights or franchises, both prices being reckoned in United States gold coin of the standard weight and fineness in force at the time of granting of said right or franchise, or in the equiva- lent thereof in actual value in other lawful money of the United States. Sec. 5. The use and enjoyment of all rights and fran- chises granted under the provisions of this chapter shall be subject to such reasonable rules and regulations and orders, controlling the extent and quality of construction and ser- vice to be maintained by the corporation to which such rights are granted, and prescribing the location and arrange- ment of its tracks, poles, wires, or conduits, and their appur- tenances, as are, or may be from time to time, enacted by the town or city councils. In case any such regulation or enact- ment shall seem to any such corporation to be unreason- able, such corporation, within thirty days after the same has been passed, may file its petition in equity in the appellate division of the Supreme Court praying for a decision of the question whether such regulation or order is or is not reasonable in the premises ; and thereupon the said court, after notice to the city or town, shall proceed to hear and determine the matter according to the course of equity, and their decision and decree therein shall be final and binding. Sec. 6, No city or town shall make any charge to any such corporation for the use of its streets except under and in accordance with the provisions of this chapter : provided, that any city or town may require that any street railway company shall continue to conform to any existing require- ments as to paving and keeping in repair such streets and highways. FRANCHISES. 181 AN ACT CONCERNING THE UNION RAILROAD COMPANY. Act Of 1892 Section 1. Union Railroad Company may issue mortgage bonds for 20 years to the amount of $3,000,000. 2 Exclusive rights for 20 years from July 1, 1892; City Council may regulate operation of railroad ; substitution of one street for another; discontinuance of trolley system. 3. Obligations and rights are not im- paired. 4. Motive power. 5. Quarterly return of gross earnings ; special tax on gross earnings and // is enacted by the General Assembly as follows: Section 1. The Union Railroad Company is hereby authorized and empowered to issue, from time to time, its first mortgage bonds, bearing interest, payable, in gold coin of the United States of the present standard of weight and fineness, twenty years after date, to an amount not exceeding three million dollars, and to execute and deliver to a trustee or trustees a first mortgage of all its railroads and property, real, personal and mixed, including any stock in any other corporation held by it, and all its powers, rights, privileges and franchises, which it may have or in any way be entitled to at the time, or which it may hereafter acquire anywhere, to lay, maintain, use, and operate its rails, tracks, poles, wires, switches, turntables, turnouts, railroads and all their appurtenances and cars thereon, by any motive power, to secure the payment of said bonds ; such mortgage to con- tain such powers of sale and provisions for sinking fund as said Union Railroad Company may provide. Sec. 2. The Union Railroad Company, and any party claiming title from it under said mortgage hereinbefore authorized, in addition to all the powers, rights, privileges and franchises, which said Union Railroad Company now has or is in any way entitled to anywhere, shall, for a period of twenty years from and after the first day of July, A. D. ISO'i, have in the city of Providence the exclusive right. May 3. Section how ascertained ; double tax in case of neglect to pay ; in case of doubt, gross earnings to be meas- ured by proportional length of main track in city and towns. G. City Council may order opening of new lines of road. 7. Carrier service for other railroad companies ; grade crossings to be regulated by City Council. 8. Rates of fare. 9. Motive power. 10. Operative clause. Union Railroad Co. may issue mortgage bonds for 20 years to amount of $3,000,000. Exclusive rights for 20 years from July 1, 1892. For right to carry freight see Union R. R. charter, passed Jan. 20, 1865. Also City Ordinance ap- proved Dec. 6, 1865. 182 FRANCHISES. and in other towns and cities the right, to keep, maintain in good order and repair, use and operate by any motive power and in any manner in which it may lawfully do at said date, or thereafter be authorized to do during said period, its tracks, rails, poles, wires, railroads, with their switches, turnouts, turntables, and appurtenances, and the cars, motors, and vehicles thereon, in the same streets and highways as at the time of executing said mortgage, and thereafter during said period said tracks, rails, poles, wires, railroads, switches, turnouts, turntables, and appurtenances shall, from time to City Council may time, bc built and constructed : provided, however, that the regulate operation of . railroad. city and town councils of the several cities and towns in which the same are located may, from time to time, impose such reasonable rules and regulations as to the rate of speed and the manner of operating the said railroads, and the grade and manner of location, re-location, and construction of any such rails, tracks, poles, wires, switches, and turn- outs in any street or highway within their respective cities and towns, as the public good may require ; and, provided Substitution of one further, that such town or city council may, at any time street for another. . . . when the public good requires that there should be no rails in any street or highway, require said Union Railroad Com- pany, or party claiming title under it as aforesaid, upon ninety days' written notice, to take up and remove its tracks, rails, poles, or wires in such street or highway, and forth- with upon the removal thereof such city or town shall grant to said company or party a right, as nearly similar in public convenience as possible, to construct, maintain, use and operate the same in another street or highway of such city Discontinuance of or towu ; and provided further, that if at anytime any method trolley system. x ^ • j j of Street car propulsion, other than the trolley system, so called, shall be invented or perfected, so as to be of equal practical and commercial value as such trolley system, the city of Providence shall have the right to order the removal from the streets or highways in said city of any and all poles and wires used in connection with such trolley system, by giving one year's notice in writing to said company or party. FRANCHISES. 183 Sec. 3. Nothing in this act contained shall be construed Obligations and ,. TT • TV •! 1 ^. rights are not im- m any way to relieve the Union Railroad Company, or any paired, party claiming title under it as aforesaid, from any obligation to pave and keep in repair any portion of any street or high- way, or to pay any tax or money which it may now or here- after be under legal obligation to any city or town to do or pay, nor to prevent said company or any city or town from making any contract, granting any franchise, imposing any special tax, or doing any act or thing which they are author- ized to do under the provisions of Chapter 975 of the pub- lic laws. Sec. 4. Nothing in this act contained shall prevent the Motive power city council of any city, or the town council of any town, from authorizing or permitting from time to time said Union Railroad Company to use any motive power in any street or highway of such city or town, which said company or party may now or hereafter by law be authorized to use. Sec. 5. The Union Railroad Company, or any corpo- Quarterly return of ration or party claiming title under it, shall make and render gross earnings, to the treasurer of the city of Providence on or before the thirtieth day of January, April, July and October, in every year, returns, verified by the oath of such party, or if a cor- poration by the oath of its president or treasurer, of the gross earnings of such corporation or party within said city of Providence for a period of three months next preceding the first day of January, April, July and (3ctober, in the same year, and shall at the same time pay to said city treas- urer, in full payment for the rights and privileges in and to the streets and highways of said city hereinbefore granted, a special tax on gross special tax upon said gross earnings, at the rate of three per earnings. centum upon the gross earnings of said corporation or party within said city in such year, for a period of five years next succeeding the first day of July, A. D. 189*2, and at a rate of not less than three per centum, nor to exceed live per centum upon such gross earnings for each next succeeding period of five years during the period of such exclusive right, to be determined in the manner hereinafter provided, to wit: The said railroad company and the City Council of said How ascertained, city of Providence shall, at least three months previous to 184 FRANCHISES. the commencement of the second, third, and fourth periods of five years each, agree upon such rate, if possible ; in case said City Council and said corporation or party shall fail to agree as aforesaid at least two months prior to the commencement of each of said periods, three disinterested persons shall be chosen, one by the City Council of said city in joint convention, one by the said corporation or party, and the third by the two so chosen, who shall determine the rate which shall be just to be paid, and paid, during the said period of five years succeeding their appointment, and the de- termination of said disinterested persons, or a majority of them, shall be final and conclusive upon said city and upon said corporation or ^a.x\.y: provided^ that in case the City Coun- cil of said city, or said corporation or party, shall not appoint as aforesaid, the other of said parties may appoint the first two disinterested persons ; and provided, that in case the two persons first appointed shall not appoint as aforesaid, either the city of Providence, or said corporation or party, may, after ten days' notice, apply to any justice of the supreme _,,,.. , court to appoint said disinterested person: and in case said Double tax in case of ^t' sr ^ neglect to pay. corporation or party shall neglect to pay such quarterly tax as aforesaid, said city treasurer may collect and recover of said corporation or party, as other taxes are collectible, double the amount of the special tax shown to be due by the last preceding quarterly return of said corporation or In case of doubt P^rty. In casc said corporation or party shall do business gross earnings to be • towu or citv bcsidcs the city of Providcnce, and it measured by proper- J J J ' track"in^'cit°^ Tnd ^^all bc unablc to ascertain the amount of its gross earnings '°'^"^- in each town or city separately, from actual accounts kept thereof, its returns of gross earnings, to be made as afore- said, shall state the gross earnings of its entire business and the length of its said tracks, exclusive of sidings and turn- outs, in the streets and highways of each town or city ; and the gross earnings from its business in the city of Providence shall be taken to be that proportion of the whole gross earn- ings which the length of such tracks of said company or party in the streets and highways of the city of Providence bears to the total length of all such tracks of said company or party in streets and highways in all said cities and towns. FRANCHISES. 185 and the payment hereinbefore provided for shall be in lieu of all payments heretofore made to the city of Providence for the use of its streets and highways. Sec. 6. Whenever in the opinion of the City Council of city Council may , . r T-. • 1 I 11- 1 • 1 order opening of new the City of Providence the public good requires that a street lines of road. railway line or lines shall be constructed in said city in ad- dition to the lines then in operation by said railroad com- pany, or party claiming title under it, said City Council may, at any time and from time to time during the existence of said twenty years' franchise, order said railroad company, or party claiming under it, to build, construct, equip, and operate such line or lines within said city within one year after the passage of said order ; and upon default on the part of said railroad company, or party claiming under it, to build, construct, equip, and operate said line or lines in accordance with such order, the exclusive rights granted by this act shall thereupon cease and determine. Sec 7. Said railroad company and any party claiming carrier service for .■,1 J viiii-ii uix^- J- ii other railroad corn- title under it shall, at all reasonable times during the con- panies. tinuance of the exclusive rights or privileges granted under this act, transport by its own power from the terminus of its lines, at or outside of the city line, into and in the city of Providence to a point at or near the centre of its system of lines or tracks, all passengers and cars of any other street railroad line connecting with its line at such terminus, as may be delivered to it by such line, in consideration of a fair and reasonable compensation to be paid to it for such service, the amount of such compensation to be determined, in default of agreement between said parties, by the supreme court sitting in equity upon petition to be preferred by either of said parties ; but nothing in this act shall affect or Grade crossings to impair the right of the City Council of the city of Providence Counfn.^^^ ^ "^ to grant to any other street railroad company operating lines in said city the right to cross at grade the lines of said railroad company, or party claiming title under it. Sec. 8, Said railroad company shall not, nor shall any Rates of fare, party claiming title under it, at any time during the continu- ance of the exclusive right or privileges granted under this act, charge for its service within said city any greater rates 24 186 FRANCHISES. of fare than the rates actually charged by said railroad com- pany at the time of the passage of this act for such or equivalent service, both rates being reckoned in United States gold coin of the standard weight and fineness in force at the time of the passage thereof, or in the equivalent thereof in actual value in other lawful money of the United States. Motive power. Sec. 9. Nothing in this act contained shall be held or construed to authorize the said Union Railroad Company to use the trolley system, or any motive power other than animals, in any street or highway in any town or city, except upon permission of the City Council or town council thereof, to use the same in such street or highway first being had and obtained. Operative clause. Sec. 10. All acts and parts of acts, and all rules and regulations, terms, conditions, and ordinances, of any town council or City Council, and all acceptances thereof and assents thereto of said railroad company, or of any com- panies consolidated into or with it, inconsistent herewith, are hereby repealed and annulled ; and all cities and towns holding any such acceptances or assents are hereby required by their proper officers to forthwith cancel and discharge the same ; and this act shall take effect from and after its passage. FRANCHISES. 187 AN ACT REQLIRIXG THE PROVIDENCE CABLE TRAM- Jq| q| Iggj .WAY COMPANY AND THE UNION RAILROAD COM- u^y -i.i. PANY TO MAKE ADDITIONAL PAYMENTS FOR THE union R. R. Act of USE OF CERTAIN STREETS IN THE CITY OF PROVI- DENCE, AND IN ADDITION TO AND IN AMENDMENT OF "AN ACT CONCERNING THE UNION RAILROAD COMPANY," PASSED AT THE JANUARY SESSION, A.D. 1892. 1892 amended. Section 1. Union Railroad Co. and Providence Cable Tramway Co. to pay a tax on the gross earnings ; quarterly returns . 2. Exclusive rights also granted to Tramway Company. 3. Payments to begin on acceptance of act by City Council. 4. City Council to make rules and regu- lations for operating cars ; rails Section may be removed but new locations must be provided ; new system of street car propulsion to be used, when. 5. Streets to be paved and kept in re- pair. 6. Motive power ; other companies may cross tracks at grade. 7. Rates of fare shall not be increased. 8. Operative clause. If is enacted by the Gejieral Asscf/ibly as follows : Section 1. The Union Railroad Company, as the ,^"'0" R- R- Co. ^ •' and Cable Tramway owner of substantially all the capital stock of the Provi- Co. to pay a tax on ■' ' _ gross eammgs. dence Cable Tramway Company, in addition to the pay- ments required to be made in and by virtue of the terms of the act entitled "An act concerning the Union Railroad Company " aforesaid, and in consideration of the grants contained in this act, shall also make and render, or cause to be made and rendered, to the treasurer of the city of Quartedy returns. Providence, on or before the thirtieth day of January, April, July and October, in every year, returns, verified by the oath of the party making such returns, of the gross earnings of said Providence Cable Tramway Company in said city of Providence, for the period of three months next preceding said first days of January, April, July and October, in the same year ; and shall, at the same time, pay, or cause to be paid, to the said city treasurer, in full payment of the rights and privileges of said Providence (Jable Tramway Company in and to the streets and highways in said city, a special tax upon its gross earnings, at the same rate as shall at the same time be paid by the said Union Railroad Company ISO FRANCHISES. on its gross earnings in said city under the provisions of said act concerning the Union Railroad Company. Exclusive right is Sec. 2. In addition to the exchisive right which is granted to Tramway ... , , .. Company. granted to the Union Railroad Company to keep, maintain, use and operate tracks, rails, poles, wires, railroads with their switches, turnouts and appurtenances, and cars, motors, and vehicles thereon, for the purposes for which said Union Railroad Company has been created, in the streets and highways in the city of Providence, occupied by said com- pany on the third day of May, 1892, and in such other streets and highways in said city as should thereafter, by authority of the City Council, be occupied by said railroad company within twenty years from said date, the exclusive right is also hereby granted to the Providence Cable Tramway Company to keep, maintain in good order and repair, use, and operate by any motive power, and in any manner in which it may now or hereafter lawfully do, for the purposes for which it has been created, tracks, rails, poles, wires, cables, and railroads, with their switches, turnouts, turn- tables and appurtenances, and the cars, motors and vehi- cles thereon, in College street, Prospect street, Waterman street, Angell street, and South Angell street, in the city of Providence, such exclusive rights to continue for a period of twenty years from and after the said third day of May, 1892. Payments to begin Sec. 3. The additional payments, required to be made on acceptance of act ^, , . ,111 i ,1 • • c j.i • by City Comicii. *by this act, shall commence whenever the provisions ot this act shall have been accepted in writing by the city of Provi- See p. 174. dcncc by vote of its City Council, and such assent shall have been delivered to said Union Railroad Company and said Providence Cable Tramway Company, and when the same shall have been accepted by said Union Railroad Company and said Providence Cable Tramway Company, and such assent delivered to said city of Providence. City Council to Sec. 4. The City Council of the city of Providence ktk>ns"for oplra^tfng "i^y, froui time to time, impose such reasonable rules and regulations as to the rate of speed and the manner of oper- ating the said railroad, and the grade and manner of loca- tion, relocation and construction of any such rails, tracks, cars FRANCHISES. 189 poles, wires, switches and turnouts in any street or highway within said city, as the public good may require ; and pro- vided further, that such City Council may, at any time when the public good requires that there should be no rails in any Rails may be re- moved, but new loca- street or highway, require said Providence Cable Tramway tions must be pro- Company, or their successors, upon ninety days' written notice, to take up and remove its cables, conduits, appara- tus, tracks, rails, poles, or wires in such street or highway, and forthwith upon the removal thereof such city or town shall grant to said company or party a right, as nearly similar in public convenience as possible, to construct, maintain, use and operate the same in another street or highway of such city or town ; and provided further, that if at any time any method of street car propulsion, other than the cable or New system of car "^ ^ propulsion to be used, trolley system, shall be invented or perfected so as to be of "''^^"• equal practical and commercial value, the city of Providence shall have the right to order the removal from the streets or highways in said city of any and all cables, conduits, appar- atus, poles, and wires used in connection with such cable or trolley system, by giving one year's notice in writing to said company or party. Sec. 5. Nothing in this act contained shall be construed streets to be paved . and kept in repair. m any way to relieve the Union Railroad Company, or the Cable Tramway Company, from any obligation to pave and keep in repair any portion of any street or highway, or to pay any tax or money which it may now or hereafter be under legal obligation to said city to do or pay, nor to pre- vent said company or said city from making any contract, granting any franchise, imposing any special tax, or doing any act or thing which they are authorized to do under the see p. its. provisions of Chapter 975, of the public' laws. ■ Sec. (J. Nothing in this act contained shall prevent the Motive power. City Council from authorizing or permitting from time to time, said Union Railroad Company or said Providence Cable Tramway Company to use any motive power in any street or highway of such city or town which said company or party may now or hereafter by law be au. thorized to use ; but nothing in this act shall affect or impair 190 ' FRANCHISES. Other companies the right of the City Council of the city of Providence to may cross tracks at • i i • i • grade. grant to any other street railroad company operating lines in said city the right to cross at grade the lines of said tram- way company or party claiming title under it. . Rates of fare shall Sec. 7. Said Providencc Cable Tramway Company shall not be increased. .... . . , , . not, at any time during the continuance of the exclusive right or privileges granted under this act, charge for its ser- vice within said city any greater rates of fare than the rates actually charged by said company at the time of the pas- sage of this act for such or equivalent service, both rates being reckoned in United States gold coin of the standard weight and fineness in force at the time of the passage thereof, or in the equivalent thereof in actual value in other lawful money of the United States. Operative clause Sec. 8. All acts and parts of acts, and all rules and regulations, terms, conditions and ordinances of the City Council of the City of Providence, and all acceptances thereof and assents thereto of either of said companies, or of any companies consolidated into or with it or them, in- consistent herewith, shall be repealed and annulled by the filing of the assents of said City Council and said com- panies herein provided for : provided, that nothing in this act shall be construed to release the Union Railroad Com- pany from any obligations imposed upon it by the said act concerning the Union Railroad Company ; and this act shall take effect from and after its passage. Act of 1893 May 17. AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE PROVIDENCE CABLE TRAMWAY COMPANY," AND OF THE SEVERAL ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO. Section 1. Providence Cable Tramway Co. may use electricity as a motive power. Section 2. Operative clause. It is enacted by the General Assembly as folloivs : Providence Cable SECTION 1. The Providcncc Cable Tramway Company us'r'"dectrici°y aT^^I shall havc the right to use electricity as a motive power for motive power. FRANCHISES. 191 the transportation of persons over any of its tracks : pro- vided^ that the consent of the City Council of any city, and of the town council of any town, in which such tracks are located, be first obtained to the use thereof in such city or town. Sec. 2. This act shall take effect immediately, and all acts and parts of acts inconsistent herewith are hereby re- pealed. Operative clause. AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER .598 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, A. D. 1866, ENTITLED ".\N ACT TO REVISE, CONSOLIDATE AND AMEND THE ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PRO\'IDENCE ' AND THE SEVERAL ACTS IN ADDITION THERETO AND IN AMENDMENT THEREOF," AND IN AMENDMENT OF AND IN ADDITION TO THE ACT PASSED AT THE JANUARY SESSION, A. D. 1893, ENTI- TLED "AN ACT REQUIRING THE PROVIDENCE CABLE TRAMWAY COMPANY AND THE UNION RAILROAD COMPANY TO MAKE ADDITIONAL PAYMENTS FOR THE USE OF CERTAIN STREETS IN THE CITY OF PROVIDENCE, AND IN ADDITION TO AND IN AMEND- MENT OF 'AN ACT CONCERNING THE UNION RAIL- ROAD COMPANY,' PASSED AT THE JANUARY SES- SION, A. D. 1892." Chapter 1403 of April 11, IS'.tS. Sf.ction 1. City may make new contracts with tJnion Railroad and Providence Cable Tramway companies. 'i. Contracts to be authorized by City Council and signed by the Mayor. 3. Contracts may grant exclusive rights Section for 25 years and provide for cross- town lines and transfers. 4. Compensation for use of streets to be agreed upon ; to be in lieu of any obligation except general taxes. 5. Operative clause. // is enacted by the General Assemldy as follows : Section 1. The city of Providence is hereby author- Citv may make new ized and empowered to make, as hereinafter set forth, a new contracts with Union Railroad and Prov. contract or contracts with the Union Railroad Company and Cable Tramway com- panies. the Providence Cable Tramway Company, or either of them, 192 FRANCHISES. in addition and supplemental to the contracts now existing between said city and said companies by authority of an act passed at the January session, 1893, entitled "An act re- quiring the Providence Cable Tramway Company and the Union Railroad Company to make additional payments for the use of certain streets in the city of Providence," and in addition to and in amendment of "An act concerning the Union Railroad Company," passed at the January session, A. D. 1892," and whereby the said city and said companies have accepted and assented in writing to the grants made by said act to said companies of exclusive rights in the streets and highways of .said city, on the terms and condi tions in said act set forth. Contracts are to be Sec. 2. Said Supplemental contract or contracts shall be Cound" and ^signed in Writing, and shall be executed and acknowledged in be- y e ayor. ^^^^ ^^ ^^.^ ^.^^ ^^ .^^ mayor in such form as he shall be authorized by joint resolution of the City Council of said city. Contracts may grant Sec. 3. Said Supplemental contract or contracts may fix yeairand'^^folldeVo? the temis and conditions on which the exclusive rights transfers'." ''""' ^""^ granted to said companies by said act, and assented to as aforesaid, and any other rights which shall be mutually agreed upon by the parties to said contract or contracts, shall be held and enjoyed by said companies, or either of them, for a term of not more than twenty-five years from the date of such contracts respectively, including provisions for the establishment and maintenance by said companies, or either of them, of a cross-town line or lines of street railway in said city, and the establishment of a proper system of transfer tickets thereon, or of any other matter or matters in connection with the maintenance, operation and use of street railway lines in said city by said com- panies, or either of them, during said term, as shall be agreed upon by the respective parties to such supplemental contract or contracts. Compensation for Sec. 4. Said Supplemental contract or contracts may use of streets under • i . • i • • i r i in such contracts to be providc that said companics, or either oi them, shall pay to said city for the use of its streets and highways, and for said exclusive and other rights therein, during said term, suc}^ agreed upon. FRANCHISES. 193 sums of money, at such times, and in such manner as shall be mutually agreed upon by the parties to said contracts, in lieu and satisfaction of the payments provided for by said act, or of any other obligation or liability, except for general To be in Heu of any . . , obligation except for taxes, imposed upon or assumed by said companies, or either generahaxes. of them, by said act or any other statute, act, ordinance, resolution, contract, agreement, acceptance, or assent, now or hereafter in force during said term, and governing or in any wise affecting the mutual relations, rights, duties, and obligations of said city and said companies, or either of them. Sec. 5. All acts and parts of acts inconsistent herewith Operative clause, are hereby repealed ; and this act shall take effect from and after its passage. AN ACT TO PROVIDE A SYSTEM OF FREE TRANSFERS IN THE CITY OF PROVIDENCE, AND FOR OTHER PURPOSES, AND IN ADDITION TO AN ACT ENTITLED "AN ACT CONCERNING THE UNION RAILROAD COM- PANY," PASSED AT THE JANUARY SESSION A. D. 1892. Section 1. Union Railroad Company to furnish a system of free transfers, when ; location of central station to be fur- nished by the city ; transfer cars to be run over all routes within the city limits ; free transfers ; minor transfer stati'ons may be erected in streets and public places ; company to be relieved for five years from paving or repaving streets after . establishment of transfer system ; transfer system to be established Section within sLx months after city shall furnish location for central station ; similar systems may be provided for other cities and towns. 2. Rate of fare fixed at five cents until 1912 ; rate of fare not to be in- creased. 3. Provisions of law relating to acts of incorporation waived ; this act to go into effect upon filing of accept- ance by Railroad Company. Chapter 373 of May 7, 1896. // is enacted by the Ge?ieral Assembly as follows : Section 1. The Union Railroad Company shall, at the union Railroad Co. times and subject to the conditions and whenever furnished ^eeT^n'Swhen"* the locations as hereinafter set forth, establish in the city of Providence a suitable central transfer station near the centre of its system at or near Weybosset Bridge, and such other minor transfer station or stations at other points in the streets, highways, or other public places of said city as may 25 194 FRANCHISES. Location of central station to be fur- nished by the City. Transfer cars to be run over all routes within city limits. Free transfers. Minor transfer sta- tions may be erected in streets and public places. be necessary to carry out the purposes of this act, and as may be agreed upon from time to time between said Union Railroad Company and the city of Piovidence. The loca- tion of such central transfer station shall be in some suit- able place to be agreed upon between the city of Providence and said Union Railroad Company and furnished by said city as herein provided. Upon the completion of said central transfer station the said railroad company shall thereafter and until the first day of July, A. D. 1912, run cars through the same at frequent intervals, of not exceeding twenty minutes in any case, between the hours of six a. m., and twelve p. m., over all routes as now or hereafter established and operated by it that do not extend beyond the present limits of said city, and cars running to said limits over all other routes, and shall allow any passenger within such central station one free transfer from any of such cars to any other of such cars moving in any direction. The purpose of this pro- vision being to allow a passenger to go by means of such one free transfer from any one point within the present limits of the city of Providence, reached by any of the tracks owned or used by said Union Railroad Company, to any other one point reached by said tracks within said limits, upon the payment of a single fare of five cents: provided, hozvever, that the provisions hereof in regard to frequency of service shall not apply in case of delays or interruption of travel arising from unusual circumstances or causes beyond the control of the company. The Union Railroad Company sttall allow passengers who have not already been once transferred, one free transfer within any such minor station that may be erected, to and frpm such cars as do not run beyond the present city limits, as shall pass by or through such station. Said Union Rail- road Company is hereby authorized to build, maintain, and use such transfer station or stations, in such location or loca- tions in the streets, highways, or public places of said city, or over the waters therein, as may be agreed upon, in accord- ance with the provisions of this section, between it and the said city. FRANCHISES. 195 The Union Railroad Company and the Providence Cable Tramway Company, whose lines are operated by it, are and shall be relieved and discharged for a period of five years, after the system of free transfers herein provided for shall be established and go into effect within the central transfer station herein provided for, from all obligation to pave or repave from time to time any part of the streets, highways, or public places in the city of Providence in which any tracks owned or operated by said Union Railroad Company or said Providence Cable Tramway Company are or may be located during said term : provided, hozvever, that the above exemption from the obligation to pave and repave shall not be held to relieve said railroad companies from the duty to replace in good order any portion of the roadway or pavement of any street that has been removed or dis- placed by said company for the purpose of laying new tracks, or for the renewal or repair of those now or here- after laid in any street, highway, or public place in said city. The Union Railroad Company shall erect the central station and establish the system of free transfers therein herein provided for, within six months (weather permitting), after the tity of Providence shall furnish it free of all rentals and charges, a suitable location for such central station and shall grant permission to said railroad company to lay such additional tracks in such manner and in such streets or other places as shall be necessary to make proper and convenient connections with said station ; and it shall from time to time erect such other minor stations and establish said system of free transfers therein within a reasonable time, not exceeding three months after the city of Providence shall from time to time have agreed with said Union Rail- road Company upon the locations thereof, and shall have furnished it such locations as hereinbefore provided, free of rentals and charges : provided, that the furnishing of the location for the central or other station by the city of Provi- dence shall not be construed to vest any title in fee in said railroad company, or prevent an agreement for the payment of a nominal annual consideration by the railroad company to the city. Company is to be relieved for five years from paving or re- paving streets after establishment of transfer system. Transfer system to be established within six months after City shall furnish location for central station 196 FRANCHISES. Similar system may be provided m other cities and towns. Rate of fare fixed at five cents until 1912. Rate of fare not to be increased. See p. 178. Provisions of law relating to acts of in- corporation waived. This act to go into effect upon filing of acceptance by Rail- road Company. Similar transfer stations may be established and erected for the purpose of providing a similar system of free trans- fers of passengers within the limits of any city or town, other than the city of Providence, whenever from time to time any such city or town and street railway company operating lines therein shall agree upon the location, erection, terms, conditions, and use of such station and system. Sec. 2. That hereafter, and until the first day of June, A. D, 1912, the fare to be charged and collected by the Union Railroad Company is hereby fixed at five cents for a continuous, uninterrupted ride for one person on any car on any of the street railway routes owned or operated by it as now or hereafter established by it within the present limits of each or any city or town in which said railroad company is or may be authorized to transport passengers. The payment of the fare herein mentioned shall entitle the passenger to one free transfer within any transfer station established under section one of this act in accordance with the provisions thereof : provided^ that nothing in this act shall be construed to authorize the said Union Railroad Company to increase the rate of fare now charged by said company, on any of the routes as now established or ope- rated by it, or to release the said company from any obliga- tion it may have incurred by, or to allow it to increase the rates of fare fixed in, the several contracts heretofore entered into between said Union Railroad Company and any town under the provisions of Chapter 975 of the Public Laws. Sec. 3. Until July 1, A. D. 1912, this act, and so much of the act to which it is in addition as is not modified hereby, shall be and remain without change in full force and efifect between the State of Rhode Island and said Union Rail- road Company ; and the provisions of general statute law relating to the amendment or repeal of acts of incorporation at the will of the General Assembly, shall not apply thereto. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed ; and this act shall take efifect immediately from and after its passage, whenever said Union Railroad Company shall accept in writing the terms and FRANCHISES. 197 provisions thereof, and shall file its acceptance in the office of the secretary of state. AN ACT PROVIDING FOR A TAX ON STREET RAILWAYS. Section 1. Street railway companies to pay to state a tax upon their earnings ; existing requirements to pay special taxes to cities continued. 2. Companies accepting this act to enjoy certain rights, privileges, and fran- chises. 3. City Council may revoke location and right to use any portion of a street, when ; removal of tracks in conformity with revocation ; in case of revocation company shall be granted a right in another street. Section 4. Increase of capital stock subject to the approval of the railroad com- missioner. 5. Tax to be paid, how to be computed. 6. Tax not required to be paid by a company, when. 7. Provisions of this act to apply to street railway companies, when ; free transfer act in Providence un- affected ; acceptances, when to be filed. Chapter 580 of June 15, 1898. Street railway com- panies to pay to state a tax upon their earn- ings. // is enacted by the General Assembly as follows : Section 1. For the purpose of providing additional revenue for the state, every street railway company incor- porated under the laws of this state, accepting the provisions of this act, shall annually, hereafter, on or before October first, pay to the state a tax upon its earnings as follows, viz. : If the annual dividend paid by such company during the year ending on the thirtieth day of June next preceding the date of the return made according to law to the railroad commissioner for such year, is eight per centum on its capital stock actually outstanding during such year, or less, or if no dividend is paid by it, the tax payable by it for that year shall be a sum equal to one per centum of its gross earnings for that year, and if such dividend exceed eight per centum, then the tax payable by it for that year shall be a sum equal to the excess of such dividend over eight per centum, but in no event shall said tax be less than a sum equal to one per centum of such gross earnings, which shall be paid with- out regard to the net earnings of such company : provided, Existing require- hotvever, that nothing in this act contained shall deprive any taxef to cuC^con- city or town of the right to collect from any street railway company any tax or other payment (including payments now required for the paving and repaving of certain portions 198 FRANCHISES, of the streets and highways), which such company is now under legal obligation to pay by virtue of any law of this state, or of any contract or agreement with the state, or with any city or town or otherwise ; nor shall anything in this act contained deprive any street railway company of any right, privilege, or franchise which it now enjoys, but the payments to be made under the provisions of this act shall in all cases be in addition to any and all special taxes and sums which said company is now under such legal obligation to pay, and in addition to the taxes now or here- after assessed by any city or town upon the land and build- ings of any such company ; and the payments in this act provided for shall be in lieu and satisfaction of all other taxes, excises, burthens, or impositions whatsoever, by or under authority of this state, or of any law thereof, upon the property, income, rights, privileges, or franchises of such companies mentioned in this section, their successors and assigns, as shall accept the provisions of this act, excepting such as are now imposed upon such property, incomes, rights, privileges, or franchises, and such as may hereafter be imposed generally and without discrimination upon the property, income, rights, privileges, or franchises of all persons and corporations. Companies accept- Sec. '2. Evcry Street railway company, its successors ing this act to enjoy . ... i i i i certain rights, privi- and assigns, now or hereafter incorporated under the laws leges and franchises. r , • • •^ • of this state, operating street railways in any city or town in this state, which shall accept the provisions of this act, in manner hereinafter specified, and that shall agree to the division of profits and make the payments herein provided, shall have and enjoy, with respect to all lines leased, owned, or operated by it during the continuance of such payments, and in consideration thereof, all the rights, privileges, and franchises which it has at the time of such acceptance or which may thereafter be granted to it to construct, main- tain, use, and operate street railways with the cars, and all appurtenances of such railways in the manner and by the method in use by it at the time of such acceptance, or by such improved methods as it may be authorized by the gen- eral assembly to adopt, and as it may employ from time to FRANCHISES. 199 time, upon, over, and under all the streets, avenues, high- ways, and public places in the cities and towns in which the tracks of said company may at the time of such accept- ance be actually located, or in which they may thereafter be lawfully located, subject only to the right of revocation hereinafter provided for : provided, hoivever, that every street railway company accepting the provisions of this act shall, so long as it continues to enjoy the rights, privileges? and franchises aforesaid, continue to pay to the several cities and towns, notwithstanding the expiration of any existing contracts or agreements, such sums as are now or may be required thereunder until new contracts or agreements shall be made, and such sums, not less, however, than those paid at the expiration of such existing contracts or agreements, as may thereafter be agreed upon from time to time, and failure for ninety days on the part of any such street railway company to make any payment required by this act shall cause a forfeiture of all rights, privileges, and franchises conferred and granted thereby. Sec. o. The city council of any city or the town council city councils may •' •' ■' ^ revoke location and of any town may, after fourteen days' written notice to all right to use any por- _ ^ _ _ tion of street, when. parties interested of the time and place at which they will consider such matter, and after hearing all parties, if the public necessity and convenience in the use of any portion of a street require it, for good and sufficient reasons, to be stated in the order therefor, order that the location and the right to maintain, continue, and use tracks, with poles, wires, and other appurtenances in such portion shall be revoked ; and such revocation of such location and right shall take effect when approved by the railroad commissioner, after public notice and hearing. Upon revocation, as aforesaid, the company shall remove the tracks in conformity with the . Removal of tracks ' •' ^ in conformity with the order of revocation, and shall put the portion of the surface revocation, of the streets disturbed by such removal in as good con- dition and with the same material as the adjacent surface of said streets. If the company neglects to execute such order, after thirty days' notice thereof, the city council of such city, or the town council of such town, may cause the same to be executed and the work done at the expense of the company, 200 FRANCHISES. In case of revoca- tion, company shall be granted a right in another street. Increase of capital stock shall be subject to the approval of the railroad commis- Tax to be paid, how to be computed. to be recovered in an action of the case : provided, how- ever, that in each such case of revocation such city or town council shall in and by such order grant to such company interested a right in another street or highway in such city or town, as nearly similar in public convenience as possible, to construct, maintain, use, and operate its railroad and the appurtenances thereof; and provided further, \\i2X no such location or right of any company accepting the provisions of this act shall hereafter be revoked by any city or town council, except under and in accordance with the provisions of this act ; and provided further, that any city or town coun- cil, or any company aggrieved thereby, may appeal from any decision of any such railroad commissioner upon any such order, within thirty days after the rendering of such decision, to the justices of the supreme court assigned to the appellate division thereof, and such justices, or a majority of them, shall thereupon hear and finally determine all matters of law and fact involved in said appeal, including the question of public necessity and convenience, and the propriety of the order or decree made by such city or town council, and may annul, modify, or amend, any such order or decree, and take such other action in the premises as law and justice may require. Sec. 4. The several street railway companies in this state accepting the provisions of this act may hereafter increase their capital stock from time to time to meet the costs and expenditures actually made for extensions and for new con- struction and equipment, and the cost of such extensions or improvements shall be certified by the railroad commis- sioner, and all issues of capital stock for such purpose shall be subject to the approval of such officer. Sec. 5. If the street railway line operated by any com- pany which accepts the provisions of this act extends beyond the limits of this state, the payments to be made by such company under the provisions of this act shall be computed only upon the gross earnings of such company upon its lines within the limits of this state ; and in case the dividends of such company for any year ending on the thirtieth day of June next preceding the date upon which such tax is due FRANCHISES. 201 and payable exceed eight per centum on its capital stock actually outstanding in such year, the further sum, if any, to be paid by such corporation, in addition a sum equal to one per centum on its gross receipts from the operation of its lines within the state for such year, shall be the sum required to make its payments, under the provisions of this act, equal to an amount which shall bear the same ratio to its whole dividends in excess of eight per centum for such year as its gross earnings from its lines in this state bear to its whole gross earnings for such year. And for the pur- poses of this act the gross earnings of any such corporation from its lines within this state for any year shall be deemed and taken to be that proportion of its total gross earnings for such year which the length of tracks operated by it in this state, exclusive of sidings and turnouts, bears to the total length of tracks, exclusive of sidings and turnouts, operated by such company during such year. Sec. 6. No street railway company which accepts the Tax not required to provisions of this act shall be required to pay the sums pany, when. herein provided for during any period when its lines are operated under a lease or otherwise by another company which accepts this act and pays the tax herein imposed. Sec. 7. This act shall take effect from and after its provisions of this passage, but its provisions shall not apply to any street rail- '?aiU\ay^''compan\es, way company until such provisions shall have been accepted and assented to in writing by such street railway company, and the payments provided for in this act to be made by any such street railway company shall not commence until a written assent is delivered by such railroad company to the state of Rhode Island, and the secretary of state is hereby authorized and directed to accept the same in the name and on behalf of the state of Rhode Island, and under its seal, and to sign, seal, and execute such acceptance in duplicate, and to deliver one of said duplicates to every such assent- ing street railway company immediately upon the assent of such company, and the other of said duplicates to the gen- eral treasurer, and thereupon the provisions of this act shall be binding and in full force between the state and such assenting company, and shall not be altered or amended •2G when. 202 FRANCHISES. without the consent of both parties, and all acts and parts of acts, ordinances, votes, and assents inconsistent herewith are hereby annulled and repealed : pt-ovided^ however^ that Free transfer act nothing herein contained shall affect any of the provisions Providence un- • , i « ■ i r r of the act entitled "An act to provide a system of free trans- fers in the city of Providence," passed by the general assembly at its January session, A. D. 1896; and provided further^ that existing street railway companies accepting the provisions of this act shall do so on or before October 1, 1898. affected. Acceptances, when to be filed. Chanter 737 ^'^ ^^'^ concerning certain street railway " " COMPANIES, AND IN ADDITION TO CHAPTER 580 OF of April 20, 1900. ^p^g PUBLIC LAWS, PASSED AT THE MAY SESSION, A. D. 1898. Section 1. Increase of capital stock of certain railroad companies authorized ; tax to be paid to state. Section 2. Operative clause. // is enacted by the Getieral Assembly as foUotvs : Increase of capital SECTION 1. The Union Railroad Company, the Paw- ?a°iwa?compLnfes!'' tuckct Street Railway Company and the Rhode Island Suburban Railway Company may hereafter increase their capital stock from time to time, in addition to the amounts now actually issued and outstanding, which are hereby severally approved and confirmed, to meet the costs and expenditures actually made for extensions and for new con- struction and equipment, without reference to the amounts heretofore limited in their charters ; and the cost of such extensions and improvements shall be certified by the rail- road commissioner, and all issues of capital stock for such purpose shall be subject to the approval of such officer : provided^ however, that each of said companies shall, when- ever it issues any additional capital stock as herein pro- vided, pay to the general treasurer for the use of the state a tax of one-tenth of one per centum of the amount of such capital stock so issued at the time. Sec. 2. This act shall take effect from and after its passage, and, as to any of said companies, whenever ac- Tax to be paid to state. Operative clause. FRANCHISES. 203 cepted by such company in accordance with section seven of Chapter 5, AN ACT IN AMENDMENT OF "AN ACT TO ESTABLISH Q|]gntgf 914 A. HARBOR LINE IN THE HARBOR IN THE CITY OF PROVIDENCE BETWEEN FOX POINT AND THE RAIL- ROAD BRIDGE AT INDIA POINT," PASSED AT THE JANUARY SESSION, A. D. 1865. Section 1. Harbor line from Fox Point to India Point, amended. Section 2. Operative clause. // /s enacted by the General Assembly as follows : Section L The harbor line defined on a plan showing Harbor line from 111 1- r -I-. -r->- 1 -1 i.-i Fox Point to India the harbor line from Fox Point to the railroad bridge at Point, amended. India Point, Providence, May 28, 18(34, surveyed and platted by Cushing and DeWitt, and recorded in the city clerk's office in the city of Providence, in book of plats number five, page forty-seven, is hereby altered for a part of the distance between the points marked L and N on said plat, and is here- by established as follows : Beginning at the point marked L on said plat, and thence deflecting southerly from the di- rection of the line L M at an angle of 5° 02' 26", and run- ning easterly a distance of 166.45 feet in a straight line to its intersection with the line M N on said plat at a point 44.69 feet easterly from the point M on said plat. Sec. 2. This act shall take effect from and after its Operative clause. passage. 222 Chapter 1096 of March 16, 1892. HARBOR. AN ACT IN AMENDMENT OF CHAPTER 557 OF THE PUBLIC LAWS, PASSED JANUARY 31, 1865, ENTITLED "AN ACT TO ESTABLISH A HARBOR LINE IN THE HARBOR IN THE CITY OF PROVIDENCE, BETWEEN FOX POINT AND THE RAILROAD BRIDGE AT INDIA POINT," AND OF CHAPTER 476 OF THE PUBLIC LAWS, PASSED APRIL 10, 1885, AND OF CHAPTER 914 OF THE PUBLIC LAWS, PASSED MAY 30, 1890, BOTH IN AMEND- MENT OF SAID CHAPTER 557- Section 1. Harbor line from Fox Point to India Point, amended. Section 2. Operative clause. It is enacted by the General Assembly as foUotus ; Harbor line from Secxion 1. The harbor line defined on a plan showing Fox Point to India , , , ,. r t-. t» ■ i -i i i • i Point, amended. the harbor line from Fox Point to the railroad bridge at India Point, Providence, May 28, 1864, surveyed and platted by Gushing and DeWitt, and recorded in the city clerk's office in the city of Providence, in book of plats number five, page forty-seven, is hereby altered for a part of the distance so as to conform to the following description, and is hereby established as follows, to Description. wit : " Beginning at a point marked ' S ' on the accom- panying plan, which said point is in latitude north 8432.034 feet, longitude west 1642.231 feet, thence running north- erly and easterly 737.77 feet to a point marked ' K,' which said point is in latitude north 8923.867 feet, longitude west 1092.313 feet, thence running northerly and easterly 217.54 feet to a point marked ' L,' which said point is in latitude north 9004.809 feet, longitude west 890.397 feet, thence northerly and easterly 166.45 feet to a point marked 'T,' which said point is in latitude north 9035.096 feet, longitude west 726.733 feet." In the above description the latitudes are given in feet and decimals, northerly from a line at right angles to the meridian of the U. S. Coast Sur- vey Station at Fort Independence; and the longitudes are given in feet and decimals westerly from the meridian of the U. S. Coast Survey Station at Fort Independence. The HARBOR. 223 courses given are from lines parallel with said meridian of the U. S. Coast Survey Station at Fort Independence. Sec. 2. This act shall take effect immediately on its Operative clause. passage. AN ACT IN AMENDMENT OF AN ACT, ENTITLED "AN ACT TO ESTABLISH A HARBOR LINE IN THE HAR- BOR, IN THE CITY OF PROVIDENCE, BETWEEN FOX POINT AND THE RAILROAD BRIDGE AT INDIA POINT," PASSED JANUARY 31, 1865, AND OF THE SEVERAL ACTS IN AMENDMENT THEREOF OR IN ADDITION THERETO. Chapter 424 of October '2, 1896. Section I. Harbor line from Fox Point to India Point, amended. Section 2, Operative clause. // is enacted by the General Assembly as foUoivs : Section I. The harbor line defined on a plan showing Harbor Hue from 111 ,• r T-T->- , •, ,,., Fox Point to India the harbor line from Fox Point to the railroad bridge at Point, amended. India Point, Providence, May 28, 1864, surveyed and plat- ted by Gushing and DeWitt, and recorded in the city clerk's office in the city of Providence, in book of plats num- ber five, page forty-seven, and subsequently altered by Chapter 914 of the public laws, is hereby altered, defined and established as follows, to wit : Beginning at the point Description. marked "K" on said plat and deflecting 4^ 55' 20" south- erly from the old line " K-L" on said plat, and running on a course N. 73° 4' 40" E. a distance of 382.15 feet to an intersection with the line between the points marked " M '' and " N " on said plat, at a point 44.69 feet easterly from the point marked " M " on said plat. Sec. 2. This act shall take effect from and after its Op.-rative clause. passage. 224 HARBOR. Chapter 9971 of May 29, 1891. Retaining wall from Hill's wharf to Sas- safras Point. .Sinking fund. Exclusive use of money. Operative clause. AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO BORROW ONE HUNDRED AND FIFTY THOUSAND DOL- LARS, FOR THE PURPOSE OF BUILDING A RETAINING WALL FROM HILL'S WHARF TO SASSAFRAS POINT. Section 1. City may hire $150,000 for retaining wall from Hill's wharf to Sassafras Pomt. Section 2. Sinking fund therefor. 3. Exclusive use of money. 4. Operative clause. // is enacted by the General Assembly as folloivs : Section 1. The city of Providence is authorized to borrow the sum of one hundred and fifty thousand dollars, and to issue its notes and bonds, or either, for the same, payable in gold coin of the United States, or in currency, for such time and in such amounts as the city council thereof shall determine. Sec. '1. The city council of said city shall annually appropriate, until said notes and bonds are paid in full, besides a sufficient sum to pay the interest thereon, a sum to be placed in a sinking fund, sufficient for the redemption of said notes and bonds when due. Sec. o. All moneys raised by the provisions of this act shall be exclusively used and expended upon the construc- tion or building of a retaining wall in Providence river, from Hill's wharf to Sassafras Point, in the city of Provi- dence. Sec. 4. This act shall take effect on its passage. Chapter 689 of May 20, 1S99. City of Providence authorized to issue $4.00,000 of bonds. AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO BORROW ONE HUNDRED AND FIFTY THOUSAND DOL- LARS, FOR THE PURPOSE OF BUILDING A RETAINING WALL FROM HILL'S WHARF TO SASSAFRAS POINT," PASSED AT THE MAY SESSION, A. D. 1891. Section 1. City may borrow $450,000. 2. Improvement of the harbor. Section o. Operative clause. It is enacted by the General Assembly as follows : Section 1. Section one of said act is hereby amended so as to read as follows : HARBOR. 225 " Section 1. The city of Providence is hereby author- ized to borrow the sum of four hundred and fifty thousand dollars, and to issue its notes and bonds, or either, for the same, payable in gold coin of the United States or in cur- rency, for such time and in such amounts as the city coun- cil shall determine." Sec. '2. Section three of said act is hereby amended so as to read as follows : " Sec. o. All moneys raised by the provisions of this act Proceeds of sale of 1 • 1 111-1 • bonds to be applied shall be exclusively used and expended for the general im- exclusively to the im- r T-. • 1 • 1 1 • r piovement of Provi- provement of Providence harbor, including the purchase of dence harbor. land, the rights thereto appertaining", the construction of a retaining wall, the building of docks, as well as the neces- sary dredging and filling in therefor, in accordance with plans to be approved by the city council of said city of Providence." Sec. o. This act shall take effect from and after its Operative clause, passage. AN ACT RELATIVE TO THE DORRANCE STREET QhaOtfir 480 WHARF, SO CALLED, IN THE CITY OF PROVI- „f j^,^ 4 igc,^ DENCE. Section 1. Dorrance street wharf. Section 2. Operative clause. // is enacted by the General Assetnbly as folloivs : Section 1. The structure now existing at the end of the Dorrance street wharf in the city of Providence, and east of the harbor line established by public laws of Rhode Island, Chapter 771, of April 11, 1879, shall not be subject to removal under Section 14 of Chapter 118 of the General Laws of Rhode Island, so long as it does not need repair or rebuilding, but when rebuilt or repaired it shall be so changed as to lie westerly of the said harbor line, and be subject to all the laws regulating the construction of wharves. Sec. "1. This act shall take effect from and after its passage. 29 Dorrance street wharf. Operative clause. 226 HARBOR. Art nf IX'iB "^^ ^^^ ^^ relation to port wardens in the CITY OF providence. May Session. Section 1. City council to elect at least three port wardens ; to be engaged by the mayor. 2. Duties of port wardens to go on board any vessel and examine the condition and stowage of cargo ; if goods are damaged, shall examine and make a record of the same. 3. To examine any goods said to have been damaged on board of any vessel, and make record as afore- said. Section 4. To keep a true record of all their acts, in a book which shall at all times be open to inspection. 5. To furnish certificates of record, signed by warden making survey ; such certificates to be received in evidence. G. Fees of port wardens. 7. No survey on board vessel to be valid, unless made by a warden appointed underthisact. Expense of survey to be paid by owner, master or consignee. 8. Inconsistent acts repealed. City council may electjport wardens. Duties of. // is enacted by the General Assembly as follows : Section 1. The city council of the city of Providence are hereby authorized to elect, annually, as many port wardens for said city as they may deem expedient, not less than three, who shall hold their offices for one year or until others are elected in their places. The said port warden or port wardens shall be sworn or affirmed by the mayor of said city to the faithful discharge of their duties. Sec. 2. It shall be the duty of said port wardens, or either of them, when notified- or requested, to proceed in person on board any vessel for the purpose of examining the condition and stowage of the cargo thereof, and if there be any goods damaged on board said vessel it shall be the duty of said warden or wardens to examine the said goods in the place where the same have been stowed during the voyage, and not elsewhere, and it shall be the duty of said warden or wardens then and there to make a memorandum in writing, stating the particular marks and numbers (if marked and numbered), of each package or lot of goods so damaged, and the cause of damage as to him or them may appear evident ; it shall also be the duty of said warden or wardens to specify the manner in which said damaged goods or packages were found to be stowed, and to report the reason why said goods or packages were not properly stowed. HARBOR. 227 all of which shall be recorded by them in a book to be kept for that purpose. Sec. 3. The said port warden or wardens, when notified To examine damaged or requested, shall proceed in person to any warehouse, store or dwelling, or in the public streets, or on the wharf, and examine any merchandise, vessels or materials, or other property said to have been damaged on board of any ves- sel, and after such examination it shall be the duty of said warden or wardens to record a full and complete statement of the survey held, in their book aforesaid, specifying each article or package by marks and numbers (if marked and numbered), and the cause of damage, if any there be, to the best of their knowledge and belief. Sec. 4. It shall be the duty of the said port warden or xokeep a record of wardens to keep a true and faithful record of all their acts, ' eiracts. proceedings, surveys and reports in a book or books to be kept by them for that purpose, and said book or books shall be at all times open to the inspection of any person or persons interested therein. Sec. •">. It shall be the duty of the said port wardens, or to fumish certifi- either of them, when so requested, to furnish a certiticate of que^st! "^^"^'"^ ' °° ^^' any record in the book or books aforesaid to any person or persons interested therein, upon their paying to said warden or wardens the regular fee for said certificate, and such cer- tificate shall be a true and exact copy of the record, word for word, as it stands recorded, neither anything added nor diminished, and in no case shall a certificate be given of anything which is not of previous record in said books. All certificates issued under this act shall be signed by the warden making the surve}', and in case of a certificate given of matters of record bv either of said wardens who shall Certificates shall be received as evidence. make said survey, and all certificates given under this act, shall be received as evidence in any court in this state. Sec. (i. The said port wardens shall be allowed for each pgg^ ^f port and every survey held by them, or either of them, on board of any vessel on hatches, stowage of cargo or damaged goods, or at any warehouse, store or dwelling, or in the pub- lic street, or on the wharf, within the limits of the port of Providence, the sum of two dollars and fifty cents, and for wardens. 228 HARBOR. each and every certificate given in consequence thereof the sum of one dollar : provided^ that the amount of fees on any single vessel, exclusive of certificates, shall in no case ex- ceed the sum of five dollars for each warden, notwithstand- ing more than two visits may be necessary to the same vessel. No survey to be Sec. 7. No survey held on board of any vessel, as pro- valid, unless made by . a warden. vided in the second section of this act, shall be valid unless made by a port warden or wardens appointed under this act, and the expense of said survey shall be paid by the owner, master or consignee of said vessel ; and in case of neglect or refusal to pay the same, after the same shall have been demanded, said expense may be recovered of the owner, master or consignee of said vessel by said port warden or port wardens, before any court of competent jurisdiction within this state, ineonsistent acts Sec. 8. All acts and parts of acts inconsistent with the repealed. provisions of this act are hereby repealed. HEALTH. 229 AN ACT IN AMENDMENT OF^ AND IN ADDITION TO QliaDtBr 281 TITLE XIV, CHAPTER T-l, OF THE REVISED STATUTES, "OF REGULATIONS FOR THE PREVENTION OF IN- FECTIOUS AND CONTAGIOUS DISEASES.*' of .March ."., 1*58. Section 1. Unwholesome provisions forbidden to be exposed for sale ; rules for seizure and destruction of same. 2. Penalty for such exposure for sale. 3. Board of aldermen may order re- moval of filth, when dangerous to health. 4. Penalty' for neglect to obey such or- der. Duties of superintendent of health and of city treasurer, if order is not obeyed. 5. Superintendent of health may issue like order in case of infectious or Section contagious disease, Duties of sup- erintendent of health and of city treasurer, if order is not obej-ed. 0. Board of aldermen may order un- healthful vessel or hulk to be re- moved and cleansed. T. Penalty for neglect to obey such or- der. Duties of superintendent of health and of city treasurer, if order is not obeyed. S. Orders herein provided for, by whom to be served. 9. Provision as to repeal of statutes. // is enacted by tJie Giiicral Assembly as follows Section 1. If any vegetable or fruit which shall be de- unwholesome pro- cayed, or any decayed, diseased or unwholesome meat, fish be 'exposed for^saie*; .1 • • 1 n 1 * ii * f seizure and destruc- or other provisions, shall be in the possession oi any person, tionof same. or shall be sold or offered or exposed for sale, within the city of Providence, the same shall be forfeited ; and the board of aldermen are authorized and empowered to make all rules and regulations for the immediate seizure and destruction of the same, by such officer as they may appoint for that purpose. Sec. 2, Any person knowingly and wilfully selling or Penalty for such ex- cc ■ ■ r 1 -i-i • rii-i posure for sale. oirering or exposing for sale, within the city of Providence, any of the articles declared to be forfeited by the preceding section, shall also forfeit and pay a penalty of not less than ten nor more than twenty dollars for each offence, to be 230 HEALTH. Board of aldermen may order removal of filth, when dan- gerous to health. Penalty for neglect to obey such order. Duties of superin- tendent of health if order is not obeyed. Duties in case ot infectious or of con- tagious diseases. recovered to and for the use of the city, by complaint and warrant before the poHce court of said city. Sec. o. Whenever there shall exist in or upon any build- ing or premises within the city of Providence, owned or occupied by any person, any dirt, offal, animal or vegetable matter, or other filth, which in the opinion of the superin- tendent of health is dangerous to the health of the occu- pants or to the public health, it shall be lawful for the board of aldermen of said city to issue an order in writing, di- rected to the owner or occupant of such building or prem- ises, directing him to remove such dirt or filth immediately, and to cleanse such building or premises, by the use of whitewash or other disinfectants, in such manner as in said order shall be prescribed. Sec. 4. In case the owner or occupant to whom such order shall be directed shall neglect or refuse to comply therewith within twenty-four hours after the service thereof upon him, such owner or occupant shall forfeit and pay, to and for the use of the city, a penalty of not less than five nor more than twenty dollars for each subsequent twenty- four hours during which he shall neglect or refuse to comply therewith, to be recovered by complaint and warrant before the police court of said city ; and the superintendent of health is hereby authorized to go on and remove such dirt, offal, animal or vegetable matter, or other filth, and to cleanse such building or premises in the manner prescribed in the said order ; and the city treasurer shall pay the expense of such removal and cleansing, and the owner and occupant of such building or premises shall be severally liable for the same, which shall be collected from such owner or occupant, by suit, in the name of the city treasurer and for the use of the city of Providence, before any court of competent juris- diction. Sec. 5. Whenever a case of infectious or contagious dis- ease exists in any tenement, cellar, or building used as a dwelling-place within the city of Providence, and any dirt, offal, animal, or vegetable matter, or other filth exists thereon, which in the opinion of the superintendent of health is prejudicial to the health of the inmates or to the public HEALTH. 231 health, the superintendent of health is hereby authorized to issue the order provided for in section three of this act, and, in case of refusal or neglect on the part of the owner or occupant to remove such filth and cleanse such premises within twelve hours after the service upon him of such order, to go on and remove the same, and cleanse and disinfect such premises,^ in such manner as he shall deem proper; and the city treasurer shall pay the expense of the same, and the owner and occupant of such premises shall be severally liable therefor, and the same shall be recoverable Penalties. from such owner or occupant by an action in the name of the city treasurer, to the use of the city of Providence, before any court of competent jurisdiction. Sec. 6. Whenever, in the opinion of the superintendent Unheaithfui vessel or . , , , , r 1 1 11 ■ h"lk to be removed. of health, the presence of any vessel or hulk, m any par- ticular locality within the city of Providence, whether the same be used for navigation or otherwise, shall be prejudicial to the public health, it shall be lawful for the board of alder- men to issue an order in writing, directed to the owner, master, or occupant of such vessel or hulk, ordering him to remove the same immediately to such place as shall be designated in the said order, and to cleanse such vessel or hulk in such manner as shall be in such order prescribed. Sec. 7. In case the owner, master, or occupant of such Penalty, vessel or hulk, shall neglect or refuse to remove and cleanse the same within twenty-four hours after such order shall have been served upon him, such owner, master, or occupant shall forfeit and pay, to and for the use of the city, a penalty of not less than ten nor more than twenty dollars for each subsequent twenty-four hours during which he shall neglect or refuse so to comply therewith, and the superintendent of health is hereby authorized to remove and cleanse the same ; and the expense of such removal and cleansing shall be paid by the city treasurer, and shall be recovered from the owner, master, or occupant of such vessel or hulk, by suit in the name of the city treasurer, to the use of the city of Provi- dence, before any court of competent jurisdiction, and the amount of any judgment so recovered shall be a lien upon such vessel or hulk until paid. 232 HEALTH. Orders, by whom to be served. Provisions as to tlie repeal of statutes. Sec. 8. The city sergeant of the city of Providence, or either of the police constables of said city, is hereby author- ized to make service of the orders provided for in sections three, five, and six of this act, and to make return of such service, in writing, to the authority which may have issued the same. Sec. 9. No act or part of an act, the provisions of which are not inconsistent with the provisions of this act, shall be repealed hereby, but the same shall be and remain in full force and vigor ; but any act or part of an act inconsistent herewith is hereby repealed. ^ Chapter 616 of March 30, 1877. Ch. 580 referred to was repealed by Ch. 495. See 16th R. I., p. 196. AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 580 OF THE STATUTES, PASSED JANUARY 1865, ENTITLED "AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 74 OF THE REVISED STAT- UTES, 'OF REGULATIONS FOR THE PREVENTION OF INFECTIOUS AND CONTAGIOUS DISEASES.'" Section 1. Board of aldermen may make regu- lations relative to removal of swill and house offal. 3ECTION 2. Inconsistent acts repealed. 3. Operative clause. // is enacted by the General Assembly as foUoius : Section 1. Section one of said chapter 580 is hereby 'And also Board of aldermen may make regulations . . relative to removal of amended by adding thereto the following words : swill and house offal. . to make all such rules and regulations as they shall deem necessary with reference to the collection and removal of swill and house offal in the city of Providence, and to the person or persons who shall collect and remove the same, being empowered and authorized under such rules and regu- lations to designate and appoint such person or persons to collect and remove the same as they shall see fit." Sec. 2. All acts and parts of acts inconsistent herewith are hereby repealed. Sec. 3. This act shall take effect from and after its pass- age. Inconsistent acts repealed. Operative clause. HEALTH. 233 AX ACT IN AMENDMENT OF CHAPTER 598 OF THE PUB- LIC LAWS ENTITLED "AN ACT TO REVISE, CON- SOLIDATE AND AMEND THE ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PROVIDENCE,' AND THE SEVERAL ACTS IN ADDITION THERETO AND IN AMENDMENT THEREOF." Section 1. Superintendent of health shall be elected for term of three years. Section 2. City council may fill vacancy. 3. Operative clause. Chapter 780 of April 26, 1889. // is enacted by the General Assembly as folloivs : Section 1. The city council of the city of Providence Superintendent of on the first Monday in January, A. D., 1890, and upon the fo^r^tin-ee^ars? ^*^ "^ organization of the city government in every third year thereafter, in joint convention thereat, shall elect a super- intendent of health for said city, who shall hold his office for the term of three years thereafter, and until another is elected and qualified to act in his place. Sec. '1. The city council of said city may fill any vacancy city council to fill that shall occur in said office by resignation, death or other- vacancy. wise. Sec. o. This act shall take efiiect from and after its operative clause. passage; and all acts and parts of acts inconsistent here- with are hereby repealed. AN ACT PROVIDING FOR THE APPOINTMENT OF CER- Qhgnfgf 1002 TAIN OFFICERS IN THE CITY OF PROVIDENCE. of May 31, 1872. Section 1. City council may appoint deputy superintendent of health, /•7-o tem- pore. Section 2. Board of aldermen may appoint deputy city registrar, pro tempore. 3. Operative clause. It is enacted by the General Assembly as folloias : Section 1. In case of the absence or disability of the city council may . . appoint deputvsuper- superintendent of health of the city of Providence, the city intendent of health, • 1 • 1 • 1 r I 1 1 1 1'''° tempore. council may appoint a deputy superintendent of health, who shall hold his office and perform the duties of said superin- tendent so long as such absence or disability shall continue. 30 234 HEALTH. Board of aldermen may appoint deputy city registrar, pro tempore. Operative clause. Sec. 2. In case of the absence or disability of the city registrar of the city of Providence, the board of aldermen may appoint a deputy city registrar, who shall hold his office and perform all the duties of said city registrar so long as such absence or disability shall continue. Sec. 3. This act shall take effect from and after its passage. Act of 1 833 ^^ ^^^ AUTHORIZING THE CITY OF PROVIDENCE TO June 29. ELECT AN INSPECTOR OF BEEF AND PORK FOR SAID CITY. City council may elect an inspector of beef and pork. City council may elect inspector. Powers, and bond. Section 1, Be it enacted by the General Assembly^ and by the authority thereof it is enacted, That it shall and may be lawful for the city council of the city of Providence, at the annual election of officers for said city, hereafter, to appoint one City inspector of beef and pork within said city ; which said inspector shall have all the rights, powers, fees and privileges, and be subject to all the duties, penalties and forfeitures which by law appertain or are incident to the office of inspector-general of beef and pork for this state. And the said inspector shall before he enters upon the du- ties of his office, be sworn faithfully to perform the duties of the same ; and shall give bond in manner and form as is by law required of the said inspector-general. And fur- ther, it shall and may be lawful for said city council, as soon as may be after the passage of this act, to appoint one city inspector, in manner and form aforesaid, to serve in said office, being first duly qualified as before mentioned, until the next annual election of city officers. [Note. — 77iis inspection iiiKst con/or in 1o the provisions of Chapter iji of the General Laivs ; aiid the foregoiiig act is not repealed by said chapter, of which see Section 24.] HEALTH. 235 AN ACT AUTHORIZING THE BOARD OF ALDERMEN Qhontgr 777 OF THE CITY OF PROVIDENCE TO COMPEL CON- ^ NECTIONS WITH SEWERS ON SEWERED STREETS. of -Vpril 25, 1889. Section 1. Board of aldermen may compel abut- ting owners to conne^ their estates with sewers on sewered streets. 2. Notice, how served. Section 3. Penalty in case of neglect or refusal to comply with 'order of board of aldermen. 4. Operative clause. May compel owners Notice, on whom to be served. // is ctiacted by the General Assembly as folloivs : Section 1. The board of aldermen "of the city of Provi dence may compel any abutting; owner or occupant of land on sewered streets to J >■ J '^ i connect with sewer upon any street in said city in which there is a sewer to connect the drainage of his land and premises with such sewer, and may direct said owner or occupant to fill up and destroy any cesspool, privy-vault, or other arrangement for the reception of drainage. Sec. '1. Upon the service of any order or direction, or a copy thereof, upon any owner or occupant of such land to connect the drainage as aforesaid, or to fill up or destroy any cesspool, privy-vault, or other arrangement for the reception of drainage, such owner or occupant shall comply with such order or direction within ten days from the time of service of such order. Sec. 3. In case the owner or occupant to whom such order shall be directed shall neglect or refuse to comply therewith within ten days after the service thereof upon him, such owner or occupant shall be fined not less than five nor more than twenty dollars for each subsequent twenty-four hours during which he shall neglect or refuse to comply therewith, and, in case such neglect or refusal shall continue for sixty days after the service of said order, said board of aldermen may cause any cesspool, privy- vault, or other arrangement for the reception of drainage upon the land of such owner or occupant to be filled up and destroyed, and the pendency of any appeal from any of such orders or doings of said board, shall not afi^ect the power of said board after the expiration of said period of sixty days to cause the same to be forthwith filled up and Penalty in case of refusal. Act of 1895, Ch. 1407. 236 HEALTH. destroyed, the aforegoing provisions being in the interest of the public health of said city. Operative clause. Sec. 4. This act shall take effect from and after its passage ; and all acts and parts of acts inconsistent here- with are hereby repealed. Chapter 871 of May 2, 1890. City of Providence authorized to appro- priate IJS 000 to the R. I. Hospital, an- nually. Operative clause. AN ACT GRANTING AUTHORITY TO THE CITY OF PROVIDENCE TO APPROPRIATE ANNUALLY TO THE RHODE ISLAND HOSPITAL THE SUM OF FIVE THOU- SAND DOLLARS. Section 1. Annual appropriation for Rhode Island Hospital. Shctiox 2. Operative clause. // is enacted by t/ie General Assembly as follows : Section 1. The city council of the city of Providence is hereby authorized and empowered to make an appropria- tion of not exceeding five thousand dollars annually to the Rhode Island Hospital, under such limitations and condi- tions as may be determined from time to time by said city council. Sec. 2. This act shall take effect on its passage ; and all acts and parts of acts inconsistent herewith are hereby re- pealed. ChaptGr 1408 ^^^ ^^^T authorizing the mayor of the CITY OF of March 1, 1895. PROVIDENCE TO CONTRACT WITH RHODE ISLAND HOSPITAL FOR THE CONSTRUCTION AND MAINTE- NANCE OF A HOSPITAL FOR CARE OF CONTAGIOUS AND INFECTIOUS DISEASES. Section 1. Mayor may contract for hospital for contagious diseases. Section 2. Operative clause. // is enacted by the General Assembly as follows : Section 1. The mayor of the city of Providence is and' nTaiX™'°o'f hereby authorized and empowered to contract, on behalf c^mSous^andYnfec- of the city of Providence, with the Rhode Island Hospital Mayor may con- tract with R. I. Hos- tious diseases. HEALTH. 237 of said Providence, for the construction and maintenance of a hospital ward, building or buildings, for the care of con- tagious and infectious diseases, at a cost not to exceed the sum of seventeen thousand five hundred dollars, said sum to be charged to the appropriation for contingencies. Sec. 2. This act shall take effect from and after its Operative clause, passage. 238 HIGHWAYS. Act of 1822 ^^ ^^^ DECLARING CERTAIN PRIVATE STREETS AND January 22. GANGWAYS IN THE TOWN OF PROVIDENCE, IN THE COUNTY OF PROVIDENCE, TO BE PUBLIC HIGHWAYS. Petition to have certain private streets declared to be public streets. Preamble Reciting petition to the general assembly to have cert^iin private streets and gangways on a plat referred to, declared to be public streets. Section 1. The said streets and gangways de- clared to be public highways. 2. Town not liable to repair the same, until decreed by town council. Whereas, Philip Crapo, Thomas Burgess, and Benjamin Hoppin, all of Providence, in the county of Providence, together with Benjamin Clifford and Samuel Y. Atwell, exec- utors of the last will and testament of Amos M. Atwell, late of said Providence, deceased, have preferred their petition to this general assembly, setting forth that the said Philip Crapo, Thomas Burgess, Benjamin Hoppin, and xAmos M. Atwell, were heretofore seized and possessed of two tracts of land, situate in the westerly part of said Providence and adjoining each other, and which are named and described in one deed from Hetty Atwell to them and Sullivan Moulton, dated on the twenty-eighth day of September, a. d. 1808, and recorded in said Providence, in book number thirty, and pages four hundred and thirty-six and four hundred and thirty-seven ; and one deed from Richard Jackson, Jr., to the same persons, dated on the same day, and recorded in the same book, in pages four hundred and thirty-seven and four hundred and thirty-eight; which lands they, the said Philip Crapo, Thomas Burgess, Benjamin Hoppin, and Amos M. Atwell, laid out and platted into lots, streets, and gang- ways, and caused the plat thereof to be recorded in the same book, between pages four hundred and thirty-nine and four hundred and forty; and praying that the same streets and HIGHWAYS. 239 gangways may be declared and made public streets ; which petition has been approved by said town : therefore, — Section 1. Be it enacted by the General Assembly, and by Certain private .7 .1 -1 jj J- ■, • ,1 r,^t , 11 r • 1 'i streets and gangways the autnority tne7-eoj it is enacted, 1 hat all of said streets and declared to be public gangways which are laid out on or through said two tracts "sce ciia/>. 2r>i, of of land, and which are deHneated on the record of said plat, ^ow. "' ^'^^^' ''*' shall be and the same are hereby made and declared to be public highways, to all intents and purposes ; and that all persons who shall make, erect, or continue anj^ obstruction, encroachment or nuisance on any of said highways, shall be liable to prosecution by indictment therefor. Sec. '1. Provided, hotvever, and be it further enacted, That Town not liable to . , r T-. • 1 1 11 11-11 • -1 repair the same, until said town oi rrovidence shall not be liable to repair said so decreed by town , •! I -1 r • 1 council. highways until the town council of said town shall resolve or decree that it is proper for the town to repair the same. AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT DECLARING CERTAIN PRIVATE STREETS AND GANG- WAYS IN THE TOWN OF PROVIDENCE, IN THE COUNTY OF PROVIDENCE, TO BE PUBLIC HIGHWAYS." Chapter 261 of Feb. 11, ISDrf. Section 1. Power of board of aldermen in rela- to certain highways. Section 2. Operative clause. // is enacted by the General Assembly as follows : Section 1. The board of aldermen of the city of Provi Power of board of •' ' aldermen m relation dence shall have the same power and authority to discon. to highways, tinue, alter, or change any of the public highways established by the act of which this act is an addition, as though said highways had been declared, laid out, or established as pub- lic highways by said board of aldermen. Sec. 2. This act shall take effect immediately from and Operative clause after the passage thereof. 240 HIGHWAYS. Act of 1843 ^^ -^^^ CONCERNING THE ESTABLISHMENT OF HIGH- WAYS IN THE CITY OF PROVIDENCE. January 12. Section 4. Platted land may be established as highway, on petition of adjacent owners, after notice by advertise- ment to non-residents. 5. Highway of land used as such for twenty years. Highway may be established, on peti- tion of owners of the land. Platted land may be established as [a highway, on petition of adjacent owners. Highway ay be established with the consent of resident owners, after notice by advertisement to non-resident owners. .Section 1. Highway to be established on petition of owners of land. 2. Platted land may be established as highway, on petition of adjacent owners. 3. Highway may be established with consent of resident owners, after notice by advertisement to non- resident owners. jBe it enacted by the General Assembly as follows : Section 1. Whenever any owner or owners of land in the city of Providence shall present to the mayor and alder- men of said city their petition praying that a street or high- way be established upon their land, it shall be lawful for said mayor and aldermen to establish such street or highway by declaring it to be a public highway, and ordering it to be recorded as such ; which, when so established, shall be a public highway to all intents and purposes. Sec. 2. Whenever the owners of any land in said city adjacent to any land in said city which has been surveyed, marked out, and platted as a street or highway, and the plat thereof recorded in the records of said city, shall present their petition to said mayor and aldermen, praying that such street or highway may be established as a public highway, it shall be lawful for said mayor and aldermen so to estab- lish the same in manner as provided in the first section of this act ; which, when so established, shall be a public high- way to all intents and purposes. Sec. 3. Whenever said mayor and aldermen deem it expedient that any street or highway shall be laid out and established in said city, and all the owners of the land proposed to be taken therefor who reside in this state shall give their consent in writing that such street or highway shall be laid out and established, the said mayor and alder- men shall cause notice to be given to all persons interested living out of the state, by advertisement at least once a week for three successive months in one of the newspapers printed in said city, stating the time when the laying out and estab- HIGHWAYS. . 241 lishing such highway will be considered by said mayor and aldermen ; and if at such time no person interested shall appear to object thereto, it shall be lawful for said mayor and aldermen to lay out and establish, in manner as pro- vided in the first section of this act, such street or highway ; which, when so laid out and established, shall be a public highway to all intents and purposes. Sec. 4, Whenever all the persons living in this state Platted land may . . , . , • 1 t)'^ established as a who own land adjacent to any land in said city which may highway, on petition , , , 111 of adjacent owners, have been surveyed, marked out, and platted as a street or after notice by adver- , 11-1 1 r ■ 1 tisement to non-resi- highway, and the plat thereof recorded in the records of said dents, city, shall present to said mayor and aldermen their petition praying that such street or highway may be established as a public highway, it shall be lawful for said mayor and alder- men to proceed and give notice to all persons interested living out of the state, by advertisement in the manner pro- vided in the third section of this act, and, if no person inter- ested shall appear to object, it shall be lawful for said mayor and aldermen to establish, in manner as provided in the first section of this act, such street or highway as a public high- way ; which, when so established, shall be a public highway to all intents and purposes. Sec. 5. The act entitled "An act in amendment of an Highway of land act entitled 'An act for laying out highways,' " passed at the "ears.^^ January session, a. d. 1829, is hereby declared to be inopera- tive and of no effect in the city of Providence ; and it shall hereafter be lawful for the mayor and aldermen of said city to declare any land that has been quietly, peaceably, and actually used and improved for twenty years as a public street or highway, to be a public highway, as by the seventh section of the "Act for laying out highways," town councils Re-enacted by Gen. were authorized to do prior to the passage of the before- ^^^ ' '' '^^^' named act. 31 242 HIGHWAYS. ChaDtfir 40B '^^ ^^'^ ^^ amendment of an act entitled "AN ^ ACT CONCERNING THE ESTABLISHMENT OF HIGH- of Jan. 28, 1862. WAYS IN THE CITY OF PROVIDENCE." Section 1. Mayor and aldermen not to act with- out request of city council. .Section 2. Inconsistent acts repealed. // is enacted by the General Assembly as follozvs : Mayor and alder- SECTION 1. The mavOr and alderiiieii of said city shall men not to act with- out request of the city not establish any street or highway in said city, or declare council. ..... any land in said city to be a public street or highway, under any of the provisions of the act of which this act is an amendment, unless requested so to do by a vote of the city council of said city. Inconsistent acts Sec. 2. All acts and parts of acts inconsistent herewith repealed. are hereby repealed. Chapter 322 of April 21,1882. AN ACT TO AUTHORIZE THE BOARD OF ALDERMEN OF THE CITY OF PROVIDENCE TO DEFINE A GRADE FOR ANY PLATTED STREET OR WAY. Section 1. Grade of platted street which is not a public highway. 2. Notice to abutting owners. Section 3. Effect of defining grade. 4. Operative clause. Grade of platted street which is not a public highway. Notice to abutting owners. // is enacted by the General Assembly as follozvs: Section 1. Upon request of the city council of the city of Providence, the board of aldermen of said city may define a grade for any platted street or way, in said city, which is not a public highway, the plat whereof is recorded in the office of the recorder of deeds in said city. Sec. 2. Before defining any grade as aforesaid, said board of aldermen shall cause such notice as said board may deem proper, to be given to all the owners of land abutting on said street or way, to appear before said board, at a time to be named in said notice, and be heard upon the question of defining such grade. HIGHWAYS. 243 Sec. 3. When such street or way shall be received by said city as a public street or highway, the grade so defined as aforesaid shall be the established grade thereof ; but no action of said board, by virtue of the provisions of this act, shall be a receiving of any such, street or way as a public street or highway. Sec. 4. This act shall take effect immediately upon its passage ; and all acts and parts of acts inconsistent here- with are hereby repealed. Effect of defining graJe. Operative clause. AN ACT PROVIDING FOR THE LAYOUT OF STREETS Qhantgr Rg? AND HIGHWAYS IN THE CITY OF PROVIDENCE. of April 30, 1886. Section 1. Hoard of aldermen, on request of city council, to appoint disinter- ested men to mark out highways. 2. Action of board of aldermen on the report. 3. Proceedings of board of aldermen to Section conform to the provisions of Chap- ter 64 of the Public Statutes, except as modified by this act. 4. When to take effect. Inconsistent provisions of Chapter 64 of Public Statutes repealed. It is enacted by the General Assembly as follows : Section 1. Whenever the city council of the city of Providence shall request the board of aldermen of said city to lay out any highway in said city, said board of aldermen shall appoint three suitable men, not interested or concerned in the land through which such highway is to pass, who shall be engaged to the faithful discharge of their trust, and shall then proceed in all respects according to the provisions of sections 3, 4, 5 and 6 of Chapter 64 of the Public Statutes. Sec. 2. The said board of aldermen after hearing the persons appearing to be heard pursuant to notice to appear, which shall be given as provided by section 6 of Chapter 04 of the Public Statutes, shall proceed to receive or reject the report presented by said men so appointed to lay out the highway, or, if they see fit, to recommit the same and the matter of said layout to the men so appointed as aforesaid for other report, or to commit the same and the matter of said layout to three other suitable men not interested or concerned in the land through which said highway is to Board of aldermen, on request of the city council, to appoint disinterested men to to mark out highway. Action of the board of aldermen on their report. 244 HIGHWAYS. Engagement of commissioners. Record of report. Proceedings to con- form to the provisions of Chapter &i, except as modified by tliis act. When to take ef- fect; inconsistent pro- visions of Chapter G4 repealed. pass, who shall be engaged to the faithful discharge of their trust, and, if it be so recommitted or committed, then upon subsequent report to said board, like notice shall be given to persons interested in the land through which said high- wa}' is to pass, as is herein provided, upon the presentation of the first report. And when any report, so presented, shall be approved and received by said board, said board shall cause the same to be recorded, and thereupon said highway so laid out shall be deemed to be estabUshed. And said board may thereafter at any time cause said highway to be laid open, and all buildings, fences and other impediments and obstructions therein to be removed by the board of public works of said city, or other officer or officers exer- cising in said city the jurisdiction of surveyor of highways, under a warrant from said board of aldermen directed to said board of public works or other officer or officers for that purpose. Sec. 3. Excepting as is herein otherwise provided and modified, the proceedings of said board of aldermen for the layout of any highway in said city upon the request of the city council of said city as aforesaid, shall conform to the provisions of said Chapter 64 of the Public Statutes in rela- tion to the layout of highways, subject, however, to the right and effect of appeal as provided in said Chapter 64. Sec. 4. This act shall take effect on and after its pas- sage ; and all the provisions of said Chapter 64 of the Pub- lic Statutes inconsistent herewith are hereby repealed. HIGHWAYS. 245 AN ACT IN RELATION TO THE LAYING OUT, ENLARG- ING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE. Section 1. The city council may cause streets to be laid out, enlarged, straightened or otherwise altered. 2. Five commissioners of estimate and assessment to be appointed by the supreme court, after public notice. 3. Commissioners to view the premises", to cause a survey and plat to be made ; to notify owners and per- sons interested ; to estimate and assess the loss and damage, also the benefit or advantage, of the improvement, and to apportion not more than one-half the loss and damage to the persons and estates benefited ; and to make report to the supreme court. Proceedings on the report in the supremo court. The city, after electing to make the improvement, to become seized of the lands in trust for highway purposes, and may take possession of them without proceedings at law. 4. If premises be under lease or con- tract, the same to be discharged. Section 5. The damages assessed shall be paid by the city within four months. Mode of enforcing payment. 6. Assessments for benefits to estates, to be added to the taxes assessed upon said estates and to be a lien thereon until paid ; and to be col- lected as taxes. One year in addi- tion allowed in case of non-resident or minor. 7. Copies of the report, plat and maps shall be placed in city clerk's office and public notice given. 8. Compensation of commissioners. 9. The city council shall elect whether to make the improvement or not. 10. Either party may object to the re- port, and have a trial by jury. Proceedings. 11. Board of aldermen to declare the street, when opened, to be a public highway. 12. Highways may be laid out under the act for laying out highways. 13. Operative clause. Act Of 1854 February' 22. 4 R. I. 230. 6 R. I. 514. 11 R. 1.166. 11 R. I. 472. // is enacted by the General Assembly as folloios : Section 1. That whenever in the opinion of the city city council may council of the city of Providence, it shall be desirable and kid ^ out^^ enlarged! ,, ,, ^-li ^i • 1^ straightened or other- necessary to lay out, enlarge, straighten or otherwise alter wise altered. any street or portion of a street, in said city, it shall be law- ful for said city council to cause the same to be done in manner hereinafter provided, notwithstanding it may be necessary for that purpose to remove any building or build- ings, or to take any lands, tenements or hereditaments whatever. Sec 2. That whenever and as often as any lands, tene- May apply to the ^ supreme court for ments, hereditaments or premises shall be required for the ^{^'^''/"'™t"' °^ ^°"^ purpose aforesaid, the city council may cause application to be made to the- supreme court of this state for the ap- pointment of five commissioners of estimate and assess- ment, which court shall appoint said commissioners as missioners. 246 HIGHWAYS. To give notice thereof in two news- papers ; 10 R. I. 320. and by posters. Supreme court to appoint the commis- sioners. Commissioners to take oath. Commissioners to view premises, and make survey and plat thereof. To give notice, in two newspapers, of time and place of meeting for estimate and assessment, to all persons interested in lands to be taken, and to all owners of lands which in opin- ion of commissioners will be benefited. 11 R. I. 372. 12 R. I. 144. follows : Said city council shall give notice of such appli- cation, by advertisement, to be published in at least two ' of the public newspapers printed in said city, which notice shall specify the time and place of such application, and the nature and extent of the intended improvement, and shall be published for and during the space of three weeks previous to said appointment, and they shall, in addition to said advertisement, cause copies of the same in handbills to be posted up for the same space of time in three con- spicuous places adjacent to the property to be affected by the intended improvement. At the time thus specified, or at any adjournment thereof, the said court shall appoint five discreet and disinterested persons as commissioners of estimate and assessment. But the court shall not neces- sarily deem every person who is a resident or taxpayer in said city to be an interested person in the view of this act. Said commissioners shall, before they enter upon the duties of their appointment, severally take an oath or affirmation, before some person authorized by law to administer oaths, "faithfully to perform the trust and duties required of them by this act," which oath or affirmation shall be certified by the person administering the same. Sec. 3. That it shall be the duty of said commissioners to proceed to the place where such laying out, enlargement, straightening or other alterations are to be made and, after viewing the premises required for the same, shall cause a survey and plat thereof to be made ; and thereupon they shall cause notice to be given to all persons interested in said lands, tenements, hereditaments and premises so re- quired, and to all persons who are owners of lands, tene- ments, hereditaments and premises which are, in the opinion of said commissioners, benefited by said laying out, enlarge- ment, straightening or other alterations, of the time and place of making an estimate of the value of the property so required and of the benefits conferred, by publishing when and where such estimate and assessment will be made, during the space of three weeks, in at least two of the newspapers printed in said Providence. At which time and HIGHWAYS. 247 place said commissioners shall proceed to make a just and To make an equit- . able estimate and equitable estimate and assessment of the amount of the assessment of dam- . r 1 ''Se over benefit, or loss and damage, if any, over and above the benefit and benefit over damage, to owners of prem- advantage, and of the benefit and advantage, if any, over tses taken. , and above the loss and damage, as the case may be, to the ^^s^''"4''L''^Jl^4' respective owners, lessees, parties and persons respectively gr. 1.514. entitled unto or interested in the lands, tenements, heredita- s r! l 493! ments and premises so required, by and in consequence of To make an equita- the laying out, enlargement, straightening or other altera- bie estimate and as- , , , , sessment of the bene- tions as aforesaid ; and a just and equitable estimate and fit to owners of prem- ises not taken. assessment also of the value of the benefit and advantage of such laying out, enlarging, straightening or other altera, tions as the case may be, to the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises not required for said laying out, enlarging, straightening or other alterations, but which, in the opinion of said com- missioners, will be benefited thereby. And said commis- To report to the "^ supreme court. sioners shall report thereon to the supreme court without unnecessary delay; and whenever the loss and damage How to report dam- ■> -I ' o age over benefit ; shall exceed the benefit and advantage, said commissioners shall estimate, assfess and report the excess and surplus only ; and whenever the benefit and advantage shall be equal and equivalent to the loss and damage, said commis- equal damage and sioners shall report that the owner or parties will suffer no loss or damage, as the benefit and advantage will be equal to the loss and damage. And whenever the benefit and ad- and benefit over ° damage. vantage shall exceed the loss and damage as aforesaid, said commissioners shall estimate, assess and report such excess and surplus only. And in all cases where any persons or To esitmate, assess, ' -' -' ' and report as to parties are interested in any real estate or premises not re- ?'^"^;*', °[ '*"^*, ' .' ^ benefited, but not quired as aforesaid, but which in the opinion of said com- 'f'^'^n for the street, ' ' r^ the respective value missioners are benefited as aforesaid, it shall be the duty of of such benefit, said commissioners to estimate, assess and report the value of such benefit to such owner or owners, lessee or lessees, parties and persons respectively, in respect to the said lands. To report names of tenements, hereditaments and premises. And said com. owners, description of lands, and respective missioners shall set forth in said report the names of the damage and benefit. . respective owners, lessees, parties and persons interested in iiR. i.st-j. 248 HIGHWAYS. To apportion and assess, pro rata, not exceeding one half the loss and damage upon the persons and estates benefited. SeeCh.921o/1871, Page 253. But assessment in no case to exceed the benefit. To be included in report. Supreme court, af- ter notice to parties, to confirm or recom- mit report. Before confirmation of report, party ob- jecting to it may have a trial by jury. See Section 10, page 251. Supreme court to confirm the report as modified by verdict of the jury. any of the lands, tenements, hereditaments and premises aforesaid, and an apt and sufficient designation or descrip- tion of the respective lots or parcels of lands and tenements, hereditaments and premises aforesaid, with the loss and damage, benefit and advantage, to each as aforesaid. And the said commissioners shall further apportion and assess such portion of the loss and damage as the city council may direct, on application for the appointment of commis- sioners, not exceeding one half the loss and damage, ascer- tained as aforesaid, upon the persons and estates so bene- fited, in the ratio of the benefits conferred : provided, that the amount of such assessments shall not exceed the amount of the benefit and advantage ascertained as aforesaid, but in case of such excess, to the extent of such benefit and advantage. And the commissioners shall include said assessment and apportionment in their report aforesaid. And upon the coming in of said report, signed by said com- missioners, or any three of them, said court shall, by order, after giving notice to the parties interested, and after hear- ing any matter which may be alleged against the same, either confirm the same or refer it, in whole or in part, to said commissioners for revisal and correction, or to new commissioners, as they think fit, who shall return the same so corrected and revised to said court without unnecessary delay, which shall be confirmed or again referred as afore- said, as right and justice shall require, until a report shall be made which said court shall confirm. But before the confirmation of said report, either of the parties interested, who shall object thereto, may have a trial by jury before said court, in the manner hereinafter provided, to determine the loss and damage, benefit and advantage, apportionment and assessment, as aforesaid. And in case the amount of loss and damage over and above the benefit and advantage as aforesaid, as assessed by said commissioners, shall be increased or decreased by the verdict of the jury, or in case the amount of the assessment of the benefit and advantage over and above the loss and damage, or of the apportion- ment and assessment, shall be decreased or increased by the verdict of the jury as aforesaid, said supreme court shall HIGHWAYS. 249 confirm the report of said commissioners, after altering the same so as to conform to the verdict of the jury as afore- said, and the difference in the damages or apportionment in consequence of the change in said report shall enure to or be paid by said city of Providence, and such report so con- firmed shall be final and conclusive upon all parties. And said city of Providence, after electing that they will make said improvements, as provided in the ninth section of this act, shall become seized of all the lands, tenements, hered- itaments and premises, in said report mentioned, that shall be required for said laying out, enlargement, straightening or other alterations, in trust, nevertheless, that the same be appropriated and kept open as a public street. And said city of Providence may thereupon, by such persons as the board of aldermen of said city shall order, either immedi- ately or at any time or times thereafter, take possession of the same, or any part or parts thereof, without any suit or proceeding at law for that purpose, and remove all build- ings and other impediments as said board of aldermen shall direct : provided, however, that it shall be lawful for said city council, by such person or persons as they shall direct, at any time before the final confirmation of said report as aforesaid, to agree with any of the parties interested, as to the loss and damage, benefit and advantage, apportion- ment and assessment, to each as aforesaid. And in case any real estate belonging to the city of Providence shall be taken or benefited as aforesaid, said commissioners shall estimate and assess the loss and damage, benefit and advan- tage, apportionment and assessment, the same as in the case of all other real estate. Sec. 4. That in all cases where the whole of any lot or parcel of land or other premises, under lease or other con- tract, shall be taken for any of the purposes aforesaid, upon the election by the city council as provided in the ninth sec- tion of this act to make the said improvement, said lease or contract shall respectively cease and determine and be abso- lutely discharged. And in case part only of any lot or parcel of land or other premises, so under lease or other contract, shall be taken, all contracts and engagements 32 City to become seized of the lands in trust for highway V^urposes. SeeCU)91,ofl812, Sec. 4, page 254. May take posses- sion thereof without proceedings at law. City council before final confirmation of report, may agree with parties interest- ed upon a settlement. Real estate of city to be subject to same proceedings. Lease of land taken for a street shall ter- minate and be dis- charged. Where part only of land is taken, lease shall terminate as to that part. 250 HIGHWAYS. respecting the same shall, from the time of the election afore- said, cease and determine and be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue ; and the rents, considerations, and payments reserved or payable, and to be paid, for or in respect to the same, shall be so apportioned as that the proportional part thereof justly and equitably payable, or that ought to be paid, for such residue thereof, and no more, shall be demanded or paid or recoverable for or in respect of the same. Damages to be paid Sec. 5. The city of Providcncc shall, within four months by city within four montiis. after the confirmation of the report of the commissioners, which report shall be confirmed in portions from time to time, pay to the respective persons and parties, in whose favor any sum of money shall be estimated and reported. Proceedings against the amount SO estimated, reported, and confirmed. And in city for payment. default of payment within such time, said person, after application to the city treasurer for payment thereof, may sue for and recover the same with lawful interest ; in which suit it shall be sufficient to declare generally for so much money due the plaintiff therein, by virtue of this act, for premises taken for the purposes herein mentioned, and it What evidence may ghall be lawful for the plaintiff to give any special matter in be given, and what '■ o ^ i conclusive. evidence under such general declaration and this act ; and the report of the said commissioners, with proof of the right and title of the plaintiff to the sum demanded, shall be con- clusive evidence in such suit or action. Assessments for Sec. 6. That the amounts so apportioned and assessed benefits to estates to ^ i <■ • i i i i • be added to the taxes and Confirmed as aforesaid to the real estates and premises, assessed upon said . . , , , . estates, and be a lien and to the owncrs of said real estates and premises, so required for the laying out, enlargement, straightening, and other alterations of any street as aforesaid, and to such real estate and premises, and the owners thereof, as in the opinion of the commissioners will be benefited thereby, though not required for such laying out, enlargement, straightening, and other alterations, as reported by said commissioners and con- firmed by said court, shall be added to the taxes assessed against such real estate and premises and the owners thereof, by the assessors of taxes for said city of Providence at the next annual taxation thereof after the said confirmation thereon. HIGHWAYS. 251 of said report, and the same shall be and remain a lien upon such real estates and premises from and after such con- firmation until the same is paid, and shall be collected in To be collected as otiier taxes ; one vear the same manner as the other taxes assessed against said aiiowedincaseofnon- resident or minor. real estate and the owners thereof; except in cases where the said estates or property are owned by non-residents or minors, in which case one year in addition shall be allowed. Sec. 7. That said commissioners of estimate and assess- Commissioners to . deposit copy of re- ment shall, at least fourteen days before making their first port, plats, and maps . . r 1 '" '^^^y clerk's ofifice report to said court as aforesaid, deposit a true copy of such and give notice there- report and of the plats and maps annexed thereto, in the See C/i. 00] of 1872, city clerk's ofifice of said Providence, for the inspection of Sec.3,page254. whomsoever it may concern, and shall at the same time give notice thereof by publishing the same in at least two of the newspapers printed in the city of Providence. Sec. 8. That said commissioners shall each be entitled Compensation of commissioners. to receive the sum of three dollars for each day actually employed in the duties of their said appointment, besides all reasonable expenses for maps, surveys, and plats, clerk hire, and other necessary expenses and disbursements, and the same to be paid by said city of Providence. Sec. 9. And the said city council shall, within thirty city council to elect, within thirty days, days after the making of the first report to said court as whether they win make the improve- aforesaid, elect whether they will make said improvement or mentomot. not: and shall be authorized at any time, at or before said SeeCh.09io/i872, \ _ ■' , Sec. 1, page 253. election, but not afterwards, to discontinue all further pro- ceedings relative thereto, without the necessity of an appli- cation to said court for leave so to do. But upon such dis- continuance, said city of Providence shall be liable for all costs of court and all commissioners' fees and expenses which shall have accrued, and said court may enter judgment and issue execution therefor. Sec. 10. Either party who shall be dissatisfied with the Either party may . object to report within report of said commissioners, shall be entitled to a hearing twenty days and de- . . mand a trial by jury. before said court upon his obiections thereto, and upon ^ ^ . . , r See Ck. 001 of 1872, written application to said court within twenty days after Sec.2,f>age2!i4. the notice shall have been given by order of court to the 9 r. i. so. parties interested, as provided in the third section of this act, for a jury to hear and determine the amount of loss and 252 HIGHWAYS. damage, benefit and advantage, apportionment and assess- ment, as aforesaid, which said application shall be heard and tried by a jury under the direction of the court ; and if the Costs, how to be party making such application fail to obtain a diminution of the amount of the benefit and advantage, or apportionment and assessment, or an increase of the loss and damage, as the case may be, such party shall be liable for all costs aris- ing after the entry of such application for a jury, and said court shall enter judgment and issue execution accordingly ; and if the city of Providence apply for a jury and fail to obtain a diminution of the loss and damage, or an increase of the benefit and advantage, or apportionment and assess- ment, as aforesaid, it shall in like manner be liable for costs, and said court may enter judgment and issue execution for such costs. Board of aldermen Sec. 11. That whenever all buildings and impediments to declare the street, when opened, to be a havc bccu rcmovcd by Order of the board of aldermen as public highway. aforesaid, and the same or a portion thereof be opened for public use, said board of aldermen shall declare the portion of said street so opened a public highway, and the same shall thereafter be a public highway to all intents and pur- poses. Board of aldermen Sec. 12. Tlic board of aldermen of said Providence may, may lay out highways . , , . , . , , , , . , under highway law. notwithstanding this act, whenever requested thereto by said city council, and not otherwise, proceed to lay out any high- way in said city as heretofore, under the act entitled "An act for laying out highways." Operative clause. Sec. 13. This act shall go into efifect immediately after the passage thereof ; and all acts and parts of acts incon- sistent herewith are hereby repealed. HIGHWAYS. 253 A\ ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT IN RELATION TO THE LAYING OUT, ENLARGING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE." Chapter 921 of March 24, 1871. Section 1. Commissioners may assess tliree- fourtlis of the expense of opening streets upon estates benefited. j Section 2. Inconsistent acts repealed. 'S. Operative clause. // is enacted by the General Assembly as follows : Section 1. The commissioners appointed under the pro- Commissioners may assess three fourths visions of the act to which this act is in amendment, are of *e expense of opening streets upon hereby authorized to assess three-fourths of the loss and estates benefited, damage occasioned by the laying out, enlarging, straighten- ing or otherwise altering streets in the city of Providence under the provisions of said act, upon the persons and estates benefited thereby, in the ratio of the benefits con- ferred, or such portion thereof as the city council of said city of Providence shall direct in the application for the appointment of such commissioners. Sec. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 3. This act shall take effect from and after its passage. Inconsistent acts repealed. Operative clause. AN ACT IN AMENDMENT OF AN ACT ENTITLED 'AN ACT IN RELATION TO THE LAYING OUT, ENLARG- ING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE." Chapter 991 of April 26, 1872. Section 1. City council to elect within sixty days after filing of report whether they will make improvement or not. 2. Aggrieved persons to file notice of intention to claim jur>' trial with clerk of supreme court. 3. City clerk to cause notice to be Section served that report has been filed in supreme court. 4. Buildings and improvements upon land taken for streets to remain the property of the owner of the land taken. 5. Operative clause. // is enacted by the General Assembly as follozos : Section 1. The city council of the city of Providence , <-"''>' council must -' ■' elect, withm sixty shall, within sixty days after the commissioners of estimate days after filing the ' -' ■' report, whether they and assessment shall have made their first report to the ^^i" "«ke improve- ' ment or not. 254 HIGHWAYS. Aggrieved persons to file notice of their intention to claim a jury trial with clerk of supreme court. City clerk to cause notice to be served that report has been filed in the supreme court. Buildings and im- provements to remain property of owners of land taken. Operative clause. supreme court, as provided in the act to which this act is in amendment, elect whether they will make the improvement described in said report or not. Sec. 2. Any person aggrieved by the report of the com- missioners shall, within thirty days after the reception by him of the notice by the city clerk of the filing of said re- port in the supreme court as hereinafter provided, file with the clerk of said court a notice in writing of his intention to claim a jury trial ; and in case such aggrieved person fails to file such notice with said clerk of the supreme court as aforesaid, he shall not be entitled to a jury trial. Sec. 3. The said city clerk shall, immediately upon the filing of said first report in the supreme court, cause per- sonal notice to be served by the city sergeant upon all per- sons named in said report residing in this state, and shall also cause a copy of said notice to be published daily three times in at least two of the newspapers published in said city, to the effect that such report has been filed in the su- preme court, and that all persons aggrieved by said report must file with the clerk of the supreme court a notice in writing of his intention to claim a jury trial, as provided in section two of this act. Sec. 4. All buildings and improvements upon any land taken under the provisions of the act to which this is in amendment, shall remain the property of the owners of the land over which the street or highway shall be laid out. Sec. 5. This act shall take effect from and after its pas- sage ; and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. HIGHWAYS. 255 AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT IN RELATION TO THE LAYING OUT, ENLARG- ING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE." Chapter 317 of March 28, 1873. Suction 1. Owners of estates, portions of which are taken, may give notice of in- tention to surrender such estates. 2. Appraisers to be appointed, how and by whom. Section 3. Appraisers to make written report of value. Award to be forthwith paid by city. // is enacted by the General Assembly as follows : Section 1. Any owner of any estate, any portion of which shall be taken under the provisions of the act enti- tled "An act in relation to the laying out, enlarging, straight- ening or otherwise altering streets in the city of Providence," or the several acts in amendment thereof, may at any* time within sixty days after the filing of the report of the com- missioners of estimate and assessment, but not after, give notice in writing to the board of aldermen of said city, that he objects to the award of damages, and proposes to surren- der his said estate to said city of Providence. Sec. 2. In case said board shall accept said proposition, and said owner cannot agree with said board for the value of such estate, said board shall appoint one person and said owner another person, and said persons so appointed shall, after notice to said owner and said board, fix the value of such estate, and in case they cannot agree upon such value, shall select a third person, and the determina- tion of any two of said persons agreeing, shall be final and conclusive upon said owners and said city, upon the ques- tion of the value of said estate. Sec. 3. The persons so appointed shall, as soon as may be, make report in writing to the city clerk of said city, of their determination of such value, and the said owner, after receiving notice of the filing of said report, shall forthwith convey said estate to said city of Providence, and said city shall thereupon pay to said owner the amount of said award. Owners of estates, portions of which are taken, may give no- tice of intention to surrender the estates. Appraisers to be appointed, how and bv whom. Appraisers to make written report. Award to be forth- witli paid by city. 266 HIGHWAYS. Chapter 288 of March 31, 1882. AN ACT IN ADDITION TO AND IN AMENDMENT OF CHAPTER 619 OF THE PUBLIC LAWS, AND OF AN ACT PASSED AT THE JANUARY SESSION OF THE GEN- ERAL ASSEMBLY, A. D 1854, ENTITLED "AN ACT IN RELATION TO THE LAYING OUT, ENLARGING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE," AND OF THE SEV- ERAL ACTS IN AMENDMENT THEREOF. Section 1. Land taken for any highway hereto- fore made under the provisions of the act of 1854 and its amendments, and paid for by the city, shall be a Section highway notwithstanding any de- fect in the proceedings ; but no as- sessment for benefits shall be made. 2. Operative clause. Lands taken and paid for by the city for any highway here- tofore made, to be a highway notwith- standing defect in proceedings. No assessment for benefits to be made. Operative clause. // is enacted by the General Assembly as folloivs : Section 1. Whenever any highway in the city of Provi- dence shall have been heretofore actually opened, widened, enlarged and straightened, or otherwise altered under the provisions of the act passed at the January session, 1854, entitled "An act in relation to the laying out, enlarging, straightening or otherwise altering streets in the city of Providence," and of the several acts in amendment thereof, and the land taken therefor has been paid for by said city to the person or persons entitled thereto, said land shall for all purposes be deemed to be a public highway, notwith- standing any defect in the proceedings in the taking or con- demnation of such land : provided, that no assessment for alleged benefits to any person or estate by reason of such opening, widening, enlarging, straightening or other altera- tion, shall be made. Sec. 2. This act shall take effect immediately upon its passage. HIGinVAYS. 257 AN ACT IN AMENDMENT OF AN ACT ENTITLED '-AN ACT IN RELATION TO THE LAYING OUT, ENLARG- ING, STRAIGHTENING OR OTHERWISE ALTERING STREETS IN THE CITY OF PROVIDENCE," AND THE ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO. Section 1. I .aying out, enlarging and straight- ening streets in city of Providence ; revised report of commissioners ; proceedings on revised report ; no Section person to have benefit of this act whose status is not altered by re- vised report. 2. Operative clause. Chapter 369 of May 14, 189G. // is enacted by the Gene)-al Assembly as follows : Section 1. Whenever under the provisions of the act entitled "An act in relation to laying out, enlarging, straightening or otherwise altering streets in the city of Providence," passed at the January session, a. d. 1854, and of the several acts in amendment thereof and in addi- tion thereto, the commissioners of estimate and assessment shall have made report to the supreme court as provided by said acts, and such report shall be referred back to the same commissioners or to new commissioners for revisal and correction, and the commissioners shall return the same revised and corrected, the clerk of said court shall forth- with give notice of the filing of such revised and corrected report, by advertisement for ten days in at least two of the public newspapers published in said city, and any person interested in such revised and corrected report, or in any subsequent revised and corrected report, made by such com- missioners, aggrieved thereby, may have a trial by jury before said court, upon his objections thereto, and upon written application to said court within twenty days after such revised and corrected report shall be filed in said court, whether or not such person shall have filed theretofore with the clerk of said court a notice in writing of his intention to claim a jury trial, and whether or not such person shall have made application for a jury trial as provided by said acts : proiided^ however, that no person shall have the benefit of this act, whose loss and damage, if any, over and above the benefit and advantage, or whose benefit and advantage. Of the laying out, enlarging, or straight- ening of streets. Revised report of commissioners. Proceedings on revised report. No person to hare benefit of this act whose status is not altered. 258 HIGHWAYS. Operative clause. if any, over and above the loss and damage, or whose appor- tionment and assessment for benefits conferred, or whose status by and under the proceedings and doings under said acts, is not altered by such revised and corrected report. Sec. 2. This act shall take effect from and after its passage. Chapter 666 of May 23, 1899. Owners of lands abutting upon a high- way ordered aban- doned, are entitled to compensation for any damages sustained. Town council to give notice to persons interested, of inten- tion to abandon. Notice how given. AN ACT RELATING TO THE ABANDONMENT OF HIGH- WAYS, BEING AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 71 OF THE GENERAL LAWS, "OF LAYING DRIFTWAYS." OUT AND MAKING HIGHWAYS AND Section 1. Owners of land abutting on a high- way ordered abandoned, entitled to compensation for damages sus- tained thereby. Section 2. Town council to give notice to per- sons interested of intention to abandon; notice how given. 3. Of appeal from award of damages. 4. Operative clause. // is enacted by the General Asse^nbly as follows : Section 1. The owners of lands abutting upon a high- way or driftway in any town shall be entitled, upon the abandonment of such highway or driftway either wholly or in part, to receive compensation from the town for the damages, if any, sustained by them by reason of such aban- donment ; and the town council, whenever it abandons the whole or any part of a public highway or driftway, shall at the same time appraise and award such damages. Sec. 2. Every town council, before proceeding to abandon any highway or driftway or any part thereof, shall give notice to the owners of the lands abutting upon any part of such highway or driftway within the town, to appear, if they see fit, and be heard for or against such abandonment, and as to the damage, if any, which they will sustain thereby. Such notice shall be given by advertisement once a week for three successive weeks next prior to the meeting of the town council at which such abandonment is to be first con- sidered, in some daily or weekly newspaper printed in English and published in the town ; or, if there be no such news- HIGHWAYS. 259 paper published in the town, then in some such daily or weekly newspaper published in the nearest town in which such newspaper is published ; and a further and personal notice shall be served upon every person known to reside within this state, who is an owner of land abutting upon that part of such highway or driftway which it is proposed to abandon. Sec. o. Any person aggrieved by any order or decree of the town council abandoning a highway or driftway or any part thereof, or awarding damages on such abandon- ment, may appeal from such order or decree to the supreme court within the time and in the manner provided by Chapter 248 of the General Laws with reference to appeals from town councils. Sec. 4. This act shall take effect immediately. Of appeal from award of damages. Operative clause AN ACT AUTHORIZING THE COMMISSIONER OF PUB- nhaDtfir 1 1 02 Lie WORKS TO PERMIT THE PLANTING OF SHADE ^ TREES IN THE STREETS, LANES, AND HIGHWAYS IN THE CITY OF PROVIDENCE. of April 29, 1892. Section 1. Trees in public highways, license for ; trees private property ; when trees may be removed ; appeal from de- cision of commissioner of public works to remove trees. Section- 2. Damages for destruction or injury of trees. 3. Operative clause. // is enacted by the General Assembly as follows : Section 1. The commissioner of public works in the Trees in public high- city of Providence is authorized and empowered to author- "'^^'^' ''""^^ ^°''' ize any person or persons to plant and transplant trees for shade or otherwise in front of land owned by such per- son or persons in any of the streets, lanes, and highways of the city of Providence, whenever and wherever in his judgment it will not interfere with the public travel, and whenever it will not interfere with the private rights of abut- ting owners. All shade trees now standing in such streets, lanes, and highways, and all trees planted therein pursuant to a license given by such commissioner, shall be deemed Trees private property. 260 HIGHWAYS. and taken to be the private property of the person or per- sons owning the land in front of which they now stand or When tiees may ^lay be planted, and shall not be deemed a nuisance, but be removed. j r j ; said commissioner of public works may cause such trees to Appeal from commis- \)q removcd from Said street, land, or hisrhway whenever he sioner s decision. ' ' o j deems that public necessity requires such removal: provided, that ten days' notice in writing shall be given by said com- missioner to the owner or owners of any such tree of his intention to remove the same, and if the owner or owners shall, within ten days, file with the board of aldermen of said city an objection, in writing, to such removal, no such tree shall be so removed except by order of said board. Sec. '2. Whoever negligently, carelessly, or wilfully suffers a horse or other animal driven by or for him, or a beast belonging to him, to break down, injure or destroy a tree not his own. standing on or adjoining to any street, lane, or highway, or in any public park in said city, or who shall wilfully or negligently, by any means whatever, break down, destroy or injure any such tree, shall be sub- ject to an action for damages at the suit of the owner or owners of such tree, or of the owner or tenant of the land upon or in front of which such tree stands or may have stood. Sec. 3. This act shall take effect upon its passage ; and all acts and parts of acts inconsistent herewith are hereby repealed. Damages for de- struction or injury of trees. Operative clause. Chapter 1236 of May 4, 1893. AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO REGULATE THE USE OF CERTAIN PORTIONS OF ITS HIGHWAYS. Section 1. City council to cause portion of Elm- wood avenue to be turfed ; other streets may be similarly treated. Section 2. Operative clause. It is enacted by the General Assembly as foUoivs : be turfed. Section 1. The city of Providence is hereby authorized by ordinance to cause such portions as shall be determined by the city council, of Elmwood avenue, and of other streets, HIGHWAYS. 261 highways, places and squares in the city of Providence, between the central or main traveled roadway and the out- Other streets maybe side lines of such highways, to be turfed, and by ordinance to prohibit travelers with horses, teams or vehicles from riding or driving upon the portions of such highways so turfed, excepting at street crossings, and to enforce such prohibition by appropriate penalties to be prescribed by ordinance. Sec. 2. This act shall take effect from and after its Operative clause, passage. AN ACT IN RELATION TO WATERING STREETS IN THE CITY OF PROVIDENCE. Section 1. Commissioner of public works to cause streets to be watered, when ; cost thereof to be assessed on estates benefited. Section 2. Assessments for street watering, how- collected. 3. Operative clause. Chapter 1337 of June 13, 1894. // is enacted by the General Assembly as follows : Section 1. Upon the petition of the owners of the Commissioner of . public works to cause majority of the land, measured by the front foot, abutting on streets to be watered, ,. . ^.,.._^. when. any public street or any portion thereof in the city of Provi- dence, the city council of said city, in any year and from year to year, shall have power to direct the commissioner of public works of said city to cause such street or portion thereof to be sprinkled with water for the ensuing dry season, not exceeding seven months ; and said commissioner shall there- upon cause the same to be watered and shall assess the cost cost thereof to be ■thereof, exclusive of the water used, upon the estates bene- ^*^ ^ " °'"' fited thereby in the ratio of the benefits conferred, but each estate abutting on such street or portion thereof shall be assessed an amount proportionate to the number of linear feet of such estate upon such street or portion thereof, and with regard to the varying width of the same, if any, so watered. Sec 2. Said assessments shall be certified by said com- Assessments, how missioner to the city treasurer of said city for collection. Said treasurer shall thereupon give notice by publication that the assessments on such street or portion thereof so 262 HIGHWAYS. watered have been made, and shall thereafter collect the same in the same manner and at the same time as the annual taxes assessed upon real estate in said city, and the assessment upon any estate shall be a lien upon such estate from the time the same is certified and lodged with said city treasurer. Any person aggrieved by any such assessment may, within thirty days from the time of the publication of said notice, appeal therefrom to the common pleas division of the supreme court to be holden within and for the county of Providence, by giving notice in writing to said city treas- urer of a claim of appeal, and by giving bond to the city treasurer in the sum of one hundred dollars, with sureties satisfactory to the city treasurer, to prosecute his appeal with effect, or in default thereof to pay all costs which shall accrue to the city. Such person appealing shall file within thirty days after giving said bond his reasons of appeal, together with a copy of the proceedings appealed from, in the clerk's office of said court ; and every person appealing who shall fail to have such assessment reduced on appeal, shall be adjudged to pay the costs of suit, and the city treas- urer shall proceed to collect such assessment as if such appeal had not been taken, but, if on trial in the appellate court, the appellant shall succeed in having such assessment reduced, he shall recover costs, and the city treasurer shall collect from him only so much of said assessment as shall have been found on appeal to be due from the appellant. Operative clause. Sec. 3. Nouc of the powers already conferred upon said commissioner of public works by general law or special statute shall be abrogated or diminished by this act ; and this act shall take effect from and after its passage. HIGHWAYS. 263 of June 13, 1900. AN ACT AUTHORIZING THE CITY Of^ PROVIDENCE TO Q^gplgf JQQ BORROW NOT EXCEEDING TWO HUNDRED THOUSAND DOLLARS FOR THE LAY OUT AND BUILDING OF A NEW STREET FROM MARKET SQL- ARE OR SOUTH WATER STREET TO PROSPECT STREET. Section 1. City council autliorized to borrow #•200,000. 2. Provision for sinking fund and interest. Section 3- Money to be exclusively used for laying out a new street from Market Square or South Water street to Prospect street. 4. Operative clause. It is enacted by the General Assembly as follows : Section 1. The city of Providence is hereby authorized to borrow not exceeding two hundred thousand dollars, and to issue its notes and bonds, or either, for the same, for such time and in such amounts as may be fixed by the city coun- cil of said city. Sec. 2. The city council shall annually appropriate, until said notes or bonds are paid in full, besides a sufficient sum to pay the interest thereon, a sum to be placed as a sinking fund sufficient for the redemption of said notes and bonds when due, and all premiums arising from the sale of said notes and bonds shall be placed to the credit of said sinking fund. Sec. 3. All moneys raised by the provisions of this act shall be exclusively used and expended for the purpose of the layout and building of a new street from Market Square or South Water street to Prospect street in said city. Sec. 4. This act shall take effect from and after its passage. City authorized to borrow $200,000. Provision for sinking fund and interest. Money to be ex- clusively used for a new street from Market Square or South Water St. to Prospect St. Operative clause. 264 HIGHWAYS. ChaotGr 87G ^^' ^^'^^ authorizing the city of providence to •^ HIRE THE SUM OF ONE HUNDRED AND FIFTY THOU- of March 29, 1901. SAND DOLLARS FOR HIGHWAY PURPOSES. Section 1. City of Providence authorized to hire 5150,000 for highway purposes. Section 2. Sinking fund. 3. Operative clause. // is enacted by the General Assembly as follows : City of Provideiice SECTION 1. The citv of Providcnce is hereby authorized authorized to hire $150,000 for highway and empowered to hire, from time to time, not exceeding the purposes. sum of one hundred and fifty thousand dollars, to be exclu- sively used and expended for highway purposes, and to issue its notes and bonds, or either, therefor, for such time and in such amounts as may be fixed by said city council thereof, and such notes may be renewed from time to time as the same become due. Sinking fund. Sec. 2. The city council shall annually appropriate, so long as said notes or any renewals of the same, or said bonds, are outstanding, besides a sum to pay the interest thereon, a sum to be placed as a sinking fund sufficient for the redemption of said notes, or any renewals of the same, and said bonds, within thirty years from the date of the issue thereof ; and all premiums arising from the sale of said notes and bonds shall be placed to the credit of said sinking fund. Operative clause. Sec. 3. This act shall take effect from and after its passage. 265 MUNICIPAL INDEBTEDNESS. OF THE POWERS OF, AND OF SUITS BY AND AGAINST, TOWNS. Section 20. Outstanding obligations to be ful- filled. Section 21. Limitation of indebtedness. 22. Limitation of taxes. General Laws Chapter 36 re-enacting Chapter 666 of April 10, 1878. Limitation of in- debtedness. Section 20. The outstanding notes, bonds, and contracts Outstanding obliga- tions to be fulfilled. of towns shall be paid and be fulfilled according to the tenor thereof, and all public works now authorized to be prosecuted shall be prosecuted, and all indebtedness now authorized to be incurred on account thereof may be incurred, according to the tenor of the authority therefor. Sec. 21. No town shall, without special statutory author- ity therefor, incur any debt in excess of three per centum of the taxable property of such town, including the indebted- ness of such town on the tenth day of April, one thousand eight hundred seventy-eight ; but the giving of a new note or bond for a pre-existing debt, or for money borrowed and applied to the payment of such pre-existing debt, is excepted from the provisions of this section, and the amount of any sinking fund shall be deducted in computing such indebted- ness. Sec. 22. No town shall assess its ratable property in any one year in excess of one per centum of its ratable value, except for the purpose of paying the indebtedness of such town or the interest thereon, or for appropriations to any of the sinking funds, or for extraordinary repairs for damages caused by the elements ; but assessments for specific benefits conferred by the opening or improving of any public highway, or for any public sewer, shall not be taken to be within the provisions of this section. 34 Limitation of taxes. 266 MUNICIPAL INDEBTEDNESS. On April 10, 1878, the General Assembly by the forego- going act fixed a limitation to Municipal Indebtedness without special authority. The debt of the City of Provi- dence then existing exceeded that limitation, and since that date the City has had no power to incur indebtedness (not otherwise authorized by the General Assembly), except by special statutory authority, obtained from time to time. In this period of twenty-three years there have been passed by the General Assembly, more than lifty enabling statutes authorizing the City to incur indebtedness, or to appropriate money, for specific purposes. Many of the statutes have become obsolete by the entire accomplishment of the purpose for which they were obtained ; and many others have become obsolete by the entire exhaustion of the powers conferred and the adoption of ordinances or resolutions by which the powers have been exercised and the money thus borrowed expended. A few of these sta- tutes have not yet been acted upon by the City Council and will be found printed in full in appropriate sections of this book. To reprint the many obsolete statutes, which are rarely consulted, would, it is believed, have been of little practical value. Another reason for omitting the text of the obsolete statutes is that, of themselves, they do not reveal the pres- ent conditions of the Municipal Indebtedness, of which they furnished the origin ; and present conditions of the City debt are of paramount importance. These conditions, changing from time to time, can always be ascertained from the quarterly reports of the Commissioners of Sinking Pounds,' and from the annual report of the City Auditor. The following classified lists show the statutes under which the City has been authorized to incur indebtedness : MUNICIPAL INDEBTEDNESS. 267 WATER SUPPLY BONDS. Chap. ] Date 640 March 8, 1866 784 March 12, 1869 897 Jan'y :^4, 1871 941 March :^4, 1871 967 Jan'y 25, 1872 430 FebV 16, 1875 528 April 1-, 1876 573 June 1-t, 1876 577 April 30, 1886 945 April 30 1891 1226 March 2. 1893 764 April 12 1900 Amount Authorized. Purpose of Loan. 12,000,000 Paid, or refunded. 2,000,000 Paid, or refunded. Land /damages. See page 38. Immedia'te right of action. Provides that bonds under Chaps. 1,000,000 640 and 784 may be paid in gold. 1,000,000 Provides that bonds under Chaps. 430 and 528 maybe paid in gold. 500,000 500,000 Misprinted 1400,000 in public laws. 500,000 2,700,000 Refunded $2,666,000 of bonds issued under Chaps. 640 and 784, above. 268 MUNICIPAL INDEBTEDNESS. SEWER BONDS. Chap. Date. Amount Authorized. Purpose of Loan. 483 Feb'y 18, 1875 $1,000,000 Paid. See Chap. 1404, below. 384 June 1, 1883 2,000,000 942 April 30, 1891 2,000,000 1231 March 2, 1893 1,500,000 1404 Feb'y 28, 1895 165,000 Refunded $91,000 of City Hall and Sewer Loan. Compare Mis- cellaneous Loans, page 272. HIGHWAY BONDS. MUNICIPAL INDEBTEDNESS. 269 SCHOOL BONDS. 270 MUNICIPAL INDEBTEDNESS. PARK BONDS. Chap. Date. 873 April 25, 1890 943 April 30, 1891 993 May 28, 1891 lUlS July •2-t, 1891 1229 March '^, 1893 1230 April 19, 1893 1291 May 1, 1894 1401 May 22, 1895 1409 May 22, 1895 305 April 28, 1896 425 Oct. 2, 1896 427 Oct. 1896 525 Feb'y 1(3, 189S 875 March 29, 1901 Amount Authorized. $75,000 500,000 Purpose of Loan. 100,000 300,000 100,000 150,000 150,000 15,000 10,000 To i^archase Thos. Davis estate. To purchase land for parks. Bonds under Chap. 943 shall be payable in gold. To condemn land adjoining Roger Williams Park for park pui'poses. For improA'ement of Davis Park. For improvement of Roger Wil- liams and Blackstone Parks. For the purchase of land for parks. To purchase land for parks. To condemn certain lots of land for park purposes. Amends Chap. 1229 authorizing the purchase of land for Davis Park. For completing work on Roger AYilliams and Blackstone Parks, and Parkway. See page 278. Casino at Roger Williams Park. Furnishing and decorating Casino. Amends Chap. 425 by authorizing the purchase of laud for Black- stone Park. See page 279. MUNICIPAL INDEBTEDNESS. MISCELLANEOUS LOANS. 271 Date. June 15, 1855 Sept. 6, 1862 March 12, 1868 June 10, 1868 April 11, 1872 March 14, 1873 Feb'y 19, 1875 April 13, 1875 April 12, 1878 May 30, 1878 March 22, 1882 April 21, 1882 March 28, 1883 Feb'y 15, 1884 May 6, 1887 875 March 11, 1890 Feb'y 28, 1888 May 31, 1888 Amount Authorized. $600,000 500,000 125,000 000,000 800,000 350,000 700,000 75,000 30,000 450,000 Purpose of Loan. Debt of the City. Paid. Civil War Expenses. Paid. Registration of bonds. See page 20. Point Street Bridge. Paid. Springfield Railroad. Paid. Board of Commissioners of Sink- ing-funds. See page 20. City Hall. Paid. Amends preceding Chap. 436. See also Chap. 1404, below. City Hall, High School, and dredg- ing Cove Basin. Paid. Balance of indebtedness. Paid. Harbor imj)rovement. Paid. State tax. See page 21. Washington Bridge. Amends Chap. 349 of 1883, pro- viding for the building of Wash- ington Bridge. Amends Chap. 349 and provides for payment by the city of Wash- insrton Bridsce. Commissioners to award damages by the construction of Washing- ton Bridge. P'or ]ilacing City wires underground in close Fire District. To till in Cove Basin. 272 MUNICIPAL INDEBTEDNESS. MISCELLANEOUS LOANS, Continued. March 22, 1893 May 30, 1890 May 29, 1891 May 26, 1899 June 3, 1892 May 25, 1893 June 12, 1894 May 6, 1898 Feb'y 28, 1895 Oct. 2, 1896 April 20, 1897 May 6, 1898 Feb'y 21, 1899 May 14, 1897 May 6, 1898 May 25, 1899 June 13, 1900 June 13, 1900 Amount Authorized. $200,000 150,000 450,000 100,000 50,000 165,000 70,000 320,000 Purpose of Loan. 25,000 20,000 347,000 200,000 4<»,000 Amends preceding Chap. 722. To purchase a site for State House. Retaining wall from Hill's Wharf to Sassafras Point. See page 224. Amends preceding Chap. 997 by providing for general improve- ment of Providence Harbor. See page 224. For new Central Police Station. For new Central Police Station. To hire necessary amount for build- ing Red Bridge. Amends preceding Chap. 1332. Refunded ^^91,000 of City Hall and Sewer Loan. Compare Sewer Bonds, page 268. To buy land on Eddy St. adjoin- ing City Yard. For rebuilding Weybosset bridge and river walls. Amends Chap. 482 by authorizing additional bridge work. Amends Chap. 4S2 by authorizing construction of Mill St. bridge and the lay out of Exchange Place. Central Fire Alarm system. For ])lacing fire alarm wires under- ground. Paid. Johnston Annexation Debt. For Central and other Fire Stations. For Police Station 7th District. 273 NORTH BURIAL GROUND. AN ACT IN RELATION TO THE NORTH BURIAL GROUND IN THE CITY OF PROVIDENCE. Section 1. Any person may by deed or will con- stitute a trust fund, the income to be used for improvement of a burial lot or erection of a monument in the North Burial Ground. 2 Such property, after acceptance by city council, shall vest in commis- sioners of the North Burial Ground; frovided such property shall be liable for debt of insolvent testator. Section 3. The commissioners of the North Burial Ground shall expend sur- plus, after specific use, to general improvement of the North Burial Ground. ■1. Commissioners shall keep regular accounts with each of such trusts, and report each year. 5. This act made subject to future action of general assembly. // is enacted by the General Assetnbly 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 pur_ pose 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; and it shall be lawful for the commissioners of said burial ground, for themselves and their successors in office, to accept a deed or devise of any burial lot or lots in said burial ground from any owners thereof, the same to be held by said commissioners and their successors in office, in trust for the purpose of burial of such persons only in such lot or lots as shall be designated and directed by the grantor in any deed or by the testator in any will. 35 Chapter 367 ot March 8, IbGl. Trust may be con- stituted for lots or monuments in the North Burial Ground. Act of 1895, Ch. 1410. 2T4 NORTH BURIAL GROUND. Gifts to vest in tlie commissioners of the North Burial Ground. Shall not be exempt from application to debts of an insolvent testator. Surplus of income may be applied to the improvement of the North Burial Ground. Commissioners to keep accounts. Act of 1889, Ch. 781, page 275. To make statement to city council. Act of 18()5, Ch. 57-2 This act may be amended. Sec. 2. In every case of such gift, bequest, or devise, the property so given, bequeathed, or^devised, shall, upon the execution of such deed, or upon probate of the will contain- ing the same, and the acceptance thereof by the city coun- cil of the city of Providence hereinafter provided 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 con- strued to exempt any such estate or property so bequeathed or devised from being taken and applied for the payment 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 vote of the city council of said city of Providence. Sec. 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 tlie use and appropri- ation 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. Sec. 4. Said commissioners shall keep regular accounts of the capital, income, and annual disbursements of each of said trust estates and property, and * * * * once in each and every year shall make a detailed statement of said accounts to the city council of said city at such time and in such form as said city council may from time to time prescribe, showing the amounts expended, and the balances remaining on hand of the several trust funds ; * * * but no emolument shall be paid to said commis- sioners for performing the duties contemplated by this act. Sec. 5. This act shall be subject to all future acts of the general assembly in amendment or repeal thereof. NORTH BURIAL GROUND. 275 AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN Ql^anfgf 79] ACT IN RELATION TO THE NORTH BURIAL GROUND IN THE CITY OF PROVIDENCE " AND ALL ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO. of April 25, 1889. Section 1. Commissioners of die North Burial Ground to pay over perpetual care funds to the commissioners of sink- ing funds ; income how paid over. 2. Superintendent of the North Burial Ground to give bonds. Section 3. Payments to be made to treasurer. 4. Chairman of committee of city coun- cil on North Burial Ground to be ex-oflScio a commissioner of the North Burial Ground. 5. Operative clause. It is enacted by the General Assernbly as follows : The commissioners of the North Burial Commissioners of North Burial Ground Section 1. Ground shall pay over or transfer to the commissioners of to pay over moneys '■ •' to commissioners of sinking funds of the city of Providence the perpetual care sinking funds. funds by them now held. And shall also pay over to said commissioners of sinking funds, upon the receipt thereof, such perpetual care funds as may hereafter come into their hands, possession, and control ; and said funds so paid over or transferred, shall be invested and reinvested by said com- missioners of sinking funds in their discretion, together with any unexpended income therefrom, and that said commis- sioners of sinking funds shall pay over to the commissioners of the North Burial Ground, whenever required by said commissioners of the North Burial Ground, all the income arising out of or from said invested funds. Sec, 2. The city council of the city of Providence is Superintendent of ■^ , . , ■ y t North Burial Ground authorized and empowered to require the superintendent of to give bonds. the North Burial Ground to give bonds to the city of Provi- dence, conditioned that he shall deposit all moneys received by him in his said capacity with the city treasurer of said city. Sec, 3, All payments for the maintenance and improve- ment of the North Burial Ground shall hereafter be made by the city treasurer upon the approval of the bills there- for by the joint committee on North Burial Ground of the city council of said city, or the commissioners of the North Burial Ground, as may be directed by ordinance of the city council. Payments to be made to city treasurer. 276 NORTH BURIAL GROUND. Chairman of com- mittee on North Bur- ial Ground to be a commissioner. Operative clause. Sec. 4. The chairman of the joint standing committee of the city council on the North Burial Ground shall be ex-officio a commissioner of the North Burial Ground, and shall, together with the commissioners of the North Burial Ground elected by the city council of the city of Provi* dence, compose the board of commissioners of the North Burial Ground. Sec. 5. This act shall go into effect on its passage ; and all acts and parts of acts inconsistent herewith are hereby repealed. Chaotfir 499 ^^ ^^^ authorizing the board of aldermen of THE CITY OF PROVIDENCE TO APPOINT UNDER- of April 24, 1885. TAKERS. Section 1. Board of aldermen to appoint under- takers ; no others to act as under- taker for person dying within the city. Section 2. Penalty for violation of the pro- visions of first section. 3. Operative clause. Board of aldermen to appoint undertak- ers ; no others to act .as undertaker for per- son dying within the city. Penalty for viola- tion of provisions of first section. Operative clause. // IS enacted by the General Assembly as follows : Section 1. The board of aldermen of the city of Provi- dence shall appoint a sufficient number of persons to act as undertakers, removable at the pleasure of said board of aldermen ; and no person, not a duly appointed undertaker by said board of aldermen, shall bury or deposit in a tomb, or remove for burial, the dead body of any human being, who shall have died within the limits of the city of Provi- dence. Sec. 2. Any person violating the provisions of this act shall be fined not exceeding twenty dollars for each offence, one half thereof to the use of said city of Providence, and one half thereof to the complainant. Sec. B. This act shall take effect on and after its passage. 277 PARKS. AN ACT IN AMENDMENT OF CHAPTER 598 OF THE STATUTES, ENTITLED "AN ACT TO REVISE, CON- SOLIDATE AND AMEND THE ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PROVIDENCE,' AND THE SEVERAL ACTS IN ADDITION THERETO AND IN AMENDxMENT THEREOF." Chapter 700 of May 30. 1878, Section 1. City council may elect park com- missioners. Section 2. Operative clause. // is enacted by the General Assembly as follozvs : Section 1. The city council of the city of Providence city council may elect park commis- may appoint, by concurrent vote of the two branches there- sioners. of, one or more commissioners to superintend the mainten- ance and control of the public parks in said city, and by ordinance may prescribe the duties and fix the term of office of the commissioner or commissioners so appointed, and amend and change said ordinance from time to time ; and also, may increase or diminish the number of commis- sioners by such concurrent vote. Sec. 2. This act shall take effect immediately ; and all Operative clause, acts and parts of acts inconsistent herewith are hereby re- pealed. 278 PARKS, Chapter 425 of Oct. 2, 189G. AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO HIRE THE SUM OF ONE HUNDRED AND FIFTY THOU- SAND DOLLARS, TO BE EXCLUSIVELY USED AND EXPENDED FOR THE COMPLETION OF THE WORK UPON ROGER WILLIAMS PARK AND BLACKSTONE PARK, INCLUDING THE CONSTRUCTION OF BRIDGES AND DRIVEWAYS IN SAID PARKS, AND ALSO FOR COMPLETING THE BLACKSTONE BOULEVARD PARK- WAY. Section 1. City authorized to borrow |150,000 for certain parks and parkway. Section 2. Sinking fund. 3. Operative clause. // is etiacted by the General Assembly as follows : City authorized to SECTION 1. The citv of Providencc is hercbv authorized borrow $1.50,000 for _ ■' ■' certain parks and and empowered to hire the sum of one hundred and fifty parkway. thousand dollars, to be exclusively used and expended for* See Ch. 875, Sec. 1, ' J f page 279. the Completion of the work upon Roger Williams Park and Blackstone Park, including the construction of bridges and driveways in said parks, and also for completing the - Blackstone Boulevard Parkway, and to issue its notes and bonds, or either, therefor, for such time, and in such amounts, as may be fixed by the city council thereof. Sinking fund. Sec. 2. The city council shall annually appropriate, until said notes and bonds are paid in full, besides a sum to pay the interest thereon, a sum to be placed as a sinking fund, sufficient for the redemption of said notes and bonds when due, and all premiums arising from the sale of said notes and bonds shall be placed to the credit of said sink- ing fund. Operative clause. Sec. 3. This act shall take effect from and after its passage. PARKS. 279 AN ACT IN AMENDMENT OF CHAPTER 4:>o OF THE QhaptQI" g75 PUBLIC LAWS, PASSED OCTOBER 2, If^'Jti, ENTITLED „f ^3,^,, .,,, um. "AN ACT AUTHORIZING THE CITY OF PROVIDENCE TO HIRE THE SUM OF ONE HUNDRED AND FIFTY THOUSAND DOLLARS, TO BE EXCLUSIVELY USED AND EXPENDED FOR THE COMPLETION OF THE WORK UPON ROGER WILLIAMS PARK AND BLACK- STONE PARK, INCLUDING THE CONSTRUCTION OF BRIDGES AND DRIVEWAYS IN SAID PARKS, AND ALSO FOR COMPLETING THE BLACKSTONE BOULE- VARD PARKWAY." Section 1. City authorized to buy land for Blackstone Park. Section 2. Operative clause. It is enacted by the Ge?iera/ Assembly as follows : Section 1. Section one of Chapter 425 of the public Amends ch.4-jr,,sec laws, passed October '2, 1896, entitled "An act authorizing the city of Providence to hire the sum of one hundred and fifty thousand dollars, to be exclusively used and expended for the completion of the work upon Roger Williams Park and Blackstone Park, including the construction of bridges and driveways in said parks, and also for completing the Blackstone Boulevard Parkway," is hereby amended so as to read as follows : " Section 1. The city of Providence is hereby author- citv authorized to . -buy land for Black- ized and empowered to hire the sum of one hundred and stone park. fifty thousand dollars, to be exclusively used and expended for the completion of the work upon Roger Williams Park and Blackstone Park, including the construction of bridges and driveways in said parks, and also for completing the Blackstone Boulevard Parkway, and for the purchase of land for Blackstone Park, and to issue its notes and bonds, or either, therefor, for such time and in such amounts as may be fixed by the city council thereof." Sec. 2. This act shall take effect from and after its (i;ierative clause. passage. 280 PLUMBING. ChaOtGr 1444 ^"^^ ^'^^ ^^ amendment of chapter 500 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, 1885, ENTITLED "AN ACT AUTHORIZING THE CITY COUNCIL OF THE CITY OF PROVIDENCE TO ^SIAKE ORDINANCES REGULATING THE DRAINAGE AND PLUMBING OF BUILDINGS WITHIN SAID CITY." Section i Section 1. Drainage and plumbing of buildings. | 2 Operative clause. // IS enacted by the General Assembly as follows : Chap. 500 of 1885 SECTION 1. Scctioii One of Chapter 500 of the public laws, amended and super- seded, passed at the January session, 1885, entitled "An act author- izing the city council of the city of Providence to make ordinances regulating the drainage and plumbing of build- ings within said city," is hereby amended so as to read as follows : Drainage and plumb- " SECTION 1. The city council of the city of Providcnce ing of buildnigs. -^ ^ may make such ordinances, rules and regulations respect- ing the drainage and plumbing of all buildings hereafter erected in the city of Providence, and respecting any new or additional drainage and plumbing, and additions to and alterations of existing drainage and plumbing of all buildings heretofore or hereafter erected in said city, as said city council may deem necessary for the preservation of public health. Said city council may provide by ordinance that no building shall be erected in said city, and no such drainage and plumbing, additions and alterations, shall be constructed or made, unless the plans of such drainage and plumbing, additions or alterations, shall conform to said PLUMBING. 281 ordinances, rules and regulations ; shall be filed in the office of the inspector hereinafter mentioned ; and shall be approved in writing by such inspector. Said city council may provide for the inspection of all drainage and plumbing in said city, create the oftice of inspector of plumbing, and fill it from time to time by the election in joint convention of such officer for such term as said city council shall by ordinance prescribe, not exceeding three years, and may fill any vacancy for the current or unexpired term. Said city council by ordinance may impose fines for the violation of any ordi- nance, rule or regulation made in accordance with this act, of not more than twenty dollars." Sec. 2. All acts and parts of acts inconsistent herewith Operative clause. are hereby repealed ; and this act shall take effect from and after its passage. Chapter 368 of May 15, 1890. AN ACT IN AMENDMENT OF CHAPTER 500 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, A. D. 1885, ENTITLED "AN ACT AUTHORIZING THE CITY COUNCIL OF THE CITY OF PROVIDENCE TO MAKE ORDINANCES REGULATING THE DRAINAGE AND PLUMBING OF BUILDINGS WITHIN SAID CITY," AS AMENDED BY CHAPTER 1444 OF THE PUBLIC LAWS, PASSED AT THE MAY SESSION, A. D. 1895. Section i Section 1. Assistant inspectors of plumbing. | 2. Operative clause. // is enacted by the General Assembly as follows ,• Section 1. The inspector of plumbing of the city of Assistant inspectors Providence, elected by authority of Chapter 500 of the « p"'" ""?;• public laws, passed at the January session, a. d. 1885, entitled "An act authorizing the city council of the city of Providence to make ordinances regulating the drainage and plumbing of bui-ldings within said city," and of Chapter 1444 of the public laws, passed at the May session, a. d. 1895, as soon as may be after the passage of this act, and 36 282 " PLUMBING. thereafter annually in the month of January, may appoint, subject to the approval of the board of aldermen of said city, one or more assistant inspectors of plumbing, as said city council shall from time to time by ordinance determine. Such assistant inspectors shall hold their respective ofifices during the current municipal year, or until their successors are appointed and duly qualified : p7-ovided, that said inspector of plumbing, at his pleasure, may remove any such assistant inspector, from office at any time, subject to the approval of said board of aldermen, and a vacancy from any cause may be filled at any time for the unexpired term in the same manner as the original appointment. Such assist- ant inspector or inspectors shall perform such duties relat- ing to the execution of the provisions of said Chapters 500 and 1444, as said inspector of plumbing shall from time to time direct ; and in case of the absence or disability from any cause of said inspector of plumbing, any assistant inspector designated by said inspector shall exercise all the powers and be subject to all the duties of said inspector. Such assistant inspector or inspectors shall receive such salaries, respectively, for their services as said city council may by ordinance prescribe. Operative clause. Sec. 2. This act shall take effect from and after its pass- age. PUBLIC ADMINISTRATOR. 28S AN ACT PROVIDING FOR THE APPOINTMENT OF A PUBLIC ADMINISTRATOR IN THE CITY OF PROVI- DENCE. Chapter 567 of June 2, ISTG. Section 1. City council may appoint a public administrator. 2. Public administrator to act in what cases. 3. Not to be appointed within thirty days after death of the intestate. 4. Powers of, to cease if husband, wife or next of kin request special ad- ministration. 5. To surrender administration L£ a will of the deceased be probated. 6. To give bond in usual form. 7. May be licensed to sell real estate. To administer estate, and render account, as in ordinary cases, except as herein provided other- wise. 8. To deposit balance of estate with city treasurer. Section 9. Torender yearly account. If balance remain on final settlement, the municipal court to certify same to city treasurer. To be paid to city treasurer in thirty days, or city treasurer to institute suit on ad- ministrator's bond. 10. City treasurer to hold property under this act for what uses. 11. Upon the disability of the public ad- ministrator, municipal court to ap- point administrator de bonis non, on application of city treasurer. 12. City council to fill vacancy in office of public administrator. 13. City treasurer to prosecute public administrator, if delinquent, and there be no heir. // is enacted by the General Assembly as follows : Section 1. The city council of the city of Providence may appoint some suitable person, being an inhabitant of said city, to be public administrator therein ; and the person so appointed shall hold his ofifice during the pleasure of the city council. Sec. 2. Such administrator shall take out letters of administration and faithfully administer upon the estate of any person who dies intestate within the city of Providence or elsewhere, leaving property in the said city to be adminis- tered, such person at the time of his decease not being an inhabitant or resident of any other town in this state, and city council may appoint a public ad- ministrator. Public administrator to act in wliat cases. 284 PUBLIC ADMINISTRATOR. Not to administer within thirty days. Powers to cease, if husband, wife or next of kin request special administration. To surrender ad- ministration if a will of the deceased be probated. To give bond in usual form. May be licensed to sell real estate. To render account in usual form. To deposit balance of estate with city treasurer. not leaving a known husband, widow, or next of kin, which fact shall be established by proof satisfactory to the munic- ipal court of the city of Providence. Sec. 3. Administration shall not be granted to a public administrator within thirty days next after the decease of such intestate. Sec. 4. After granting letters of administration to a public administrator, and before the final settlement of the estate, if the husband, widow, or any next of kin, of the deceased, in writing claims the right of administration, or requests the appointment of some other suitable person to the trust, the municipal court in the city of Providence shall grant letters of administration accordingly. Upon the appointment of a successor and his giving the bond required, the powers of the public administrator over the estate shall cease. Sec. 5. Such public administrator shall deliver into the municipal court his letters of administration upon the estate of any person deceased, if a will of such person is there- after allowed and proved. Upon the appointment of an executor or administrator as his successor in any case, he shall surrender his letters of administration into the munici- pal court with an account upon oath of his doings thereon ; and upon the allowance o( his account by the municipal court, shall pay over and deliver to his successor all sums of money in his hands, and all property, effects and credits of the deceased not administered. Sec. 6. Such public administrator shall give bond to the municipal court for the faithful performance of his duties, in like manner as required of other administrators, with the further condition to comply with the provisions of the pre- ceding section. Sec. 7. Such public administrator may be licensed to sell real estate for the payment of debts, and shall adminis- ter estates and render his account, in the same manner as other administrators, except as herein otherwise provided. Sec. 8, When an estate has been fully administered by such public administrator, and the debts paid according to law, he shall deposit the balance of such estate remaining PUBLIC ADMINISTRATOR. 285 in his hands with the treasurer of the city of Providence, who shall receive and hold it for the benefit of those who may have lawful claims thereon. Sec, 9. Such public administrator shall render an account of his proceedings to the municipal court of said city, at least once in each year, until the trust has been fulfilled. And when, upon a final settlement of any estate, it appears that moneys remain in the hands of such administrator, which by law should have been deposited with the city treasurer, the municipal court shall certify that fact and the statement of the amount to said treasurer who, unless such deposit is made within thirty days after the receipt of such notice, shall cause the bond of the administrator to be pro- secuted for the recovery thereof. Sec. 10. All money or other property received by the city treasurer of the city of Providence under the provisions of this act, shall be held for the same uses as provided by Chapter 177 of the General Statutes. Sec. 11. Upon the death, resignation or other disquali- fication of a public administrator, leaving an estate or es- tates not fully administered, it shall be the duty of the municipal court, upon 'application of the city treasurer, to appoint some suitable person to have the charge and care of the personal estate not administered, to hold the same until a successor to such deceased, resigned or disqualified public administrator, shall be duly appointed, to whom the municipal court shall grant letters of administration de bonis non upon his giving the required bond. Sec. 12. Upon the death, resignation or other disquali- fication of a public administrator, the city council shall fill the vacancy forthwith. Sec. 13. When a public administrator neglects to return an inventory, settle an account, or perform any other duty incumbent upon him, and there appears no heir entitled thereto, the city treasurer shall, in behalf of the said city of Providence, prosecute all suits and do all acts necessary and proper to ensure a prompt and faithful administration of the estate, and the payment of the proceeds thereof into the treasury. To render yearly account. If balance remain on final settlement, the municipal court to certify the same to citv treasurer. To be paid to city treasurer in thirty days. City treasurer is to hold the money, for what uses. Upon disability of public administrator, municipal court to appoint an adminis- trator de bonis non on application of the city treasurer. City council to fill vacancy. City treasurer is to prosecute public ad- ministrator, if delin- quent, and there be no heir. 280 RELIEF OF CERTAIN OFFICERS. ChSOtsr 782 ^^ ^^^ ^^ authorize the city of providence TO MAKE ANNUAL APPROPRIATIONS FOR THE RE- of Mar. 14, 1889. LIEF OF DISABLED FIREMEN AND POLICEMEN. Section 1. City council may make annual ap- propriations for relief of disabled firemen and policemen ; relief of dependents. Section 2. Operative clause. // is enacted by the General Assembly as follows : City council may SECTION 1. The city council of the city of Providence make annual appro- . , . , , i , • , n priation for disabled IS authorized and empowered to appropriate annually a sum jemen an po ice ^^^ exceeding three thousand dollars to be applied in such amounts and upon such conditions as said city council may by ordinance prescribe for the relief of firemen and police- men, who may be permanently injured and disabled while in Relief of dependents, the performance of duty as such, and for the relief of de- pendents of firemen and policemen, who may, while in the performance of duty as such, be killed or die from the effects of any injury thus received, or of any disease thus contracted. Operative clause Sec. 2. All acts and parts of acts inconsistent herewith are hereby repealed ; and this act shall take effect upon its passage. RELIEF OF CERTAIN OFFICERS. 287 AN ACT IN AMENDMENT OF CHAPTER 598 OF THE STATUTES ENTITLED "AN ACT TO REVISE, CONSOL- IDATE AND AMEND THE ACT ENTITLED 'AN ACT TO INCORPORATE THE CITY OF PROVIDENCE' AND THE SEVERAL ACTS IN ADDITION THERETO AND IN AMENDMENT THEREOF.'' Chapter 1232 of May 16, 1893. Section 2. Operative clause Section 1. City council may create and disburse a pension fund for firemen and policemen who may be disabled while in the line of their duty. // /s efiacted by the General Assetnbly as follows : Section 1. The city council of the city of Providence city c.uncii may create and disburse a is hereby authorized and empowered to create and disburse pension fund for fire- men and policemen a pension fund or funds for members of the police and fire who may be disabled wliile in the line of departments of said city who may be disabled while in the their duty. line of their duty. Sec. 2. This act shall take effect from and after its passage. Operative clause. AN ACT AUTHORIZING THE CITY COUNCIL OF THE Q^gptef 372 CITY OF PROVIDENCE TO MAKE APPROPRIATIONS FOR THE RELIEF OF INJURED OR DISABLED FIRE- MEN AND POLICEMEN. of April IG, 1806. Section 1. City council may appropriate money for the relief of firemen or police- men injured or disabled while in the actual discharge of duty ; Section amounts and conditions to be pre- scribed by city council. 2. Operative clause. It is enacted by the General Assembly as follows : Section 1. The city council of the city of Providence city council may , . . appropriate money for IS hereby authorized and empowered to appropriate such the relief of firemen . . . , . or policemen injured amounts of money as said city council may from time to or disabled while in , . ,•! ...^ .,- the actual discharge of time determine, to be applied to the relief of such firemen duty, and policemen as shall be injured or disabled while in the actual discharge of duty as such firemen or policemen, in such amounts and upon such conditions as the city council may by ordinance prescribe. Sec. 2. This act shall take effect from and after its pas- Operative clause. sage. INDEX. ABANDONMENT of highway, rights of abutting owners, 258, 259. ABATEMENT of lease of lands taken under Betterment Act, 249, 250. ABSENCE of the mayor, president of Board of Aldermen to act, 3. 4. new election in case of vacancy in office by, 7. of judge of municipal court, clerk may adjourn in case of, 14. acting judge may be appointed in case of, 15. of chief of police, deputy chief need not furnish surety for costs in case of, 47^ of inspector of buildings, assistant inspectors to act, 92. of caucus warden or clerk, who to act, 153. ABUTTING ESTATE, sewer connection may be extended to line of, 33. ACADEMY, protection to life from fire in, 122--128. ACCEPTANCE by city treasurer of bids for bonds and notes of city, 22. by city of street railway acts, 188. of "an act providing for a tax on street railways," 201. of lot in trust for burial of certain persons only 273, 274. ACCIDENT, examination of buildings damaged by, 91. ACCIDENT CALL, right of way of ambulance in case of, 49. ACCOUNTS of commissioners of North Burial Ground, 274. of public administrator, 284, 285. ACRE, land taken at one time for school purposes not to exceed one, 80. ACTING JUDGE of municipal court, appointment of, 15. ACTIONS, power of mayor to discontinue, 8. for use of city water supply without consent, 37. for recovery of damages to water works, 37. for injury from explosion of gunpowder, 64. for damages for injury resulting from absence of fire-escape, 125. for encroachment on, or injury to, the harbor, 213. city charter not to affect pre-existing, 19. for expense .of cleansing unsanitary premises, 230, 231. against city for damages for land taken under Betterment Act, 2.50. for damages for injury to trees, 260. ACTS, exhibitor of idle, to be deemed disorderly person, 56. ADDITION, under building act of 1843, penalty for, 85-87. to buildings, to be subject to building law, how far, 92. AD.JACENT OWNERS, establishment of highway on petition or consent of, 240, 241. ADJOURNMENT, joint resolution of, need not be presented to mayor, 8. of municipal court by the clerk, 14. of caucus, 157. ADMINISTRATION, of city government, in whom vested. 2. of teachers' retirement fund, 83. ADMINISTRATOR, city council to appoint a public, 283. duties, powers and obligations of public, 283-285. 37 • 290 INDEX. ADOPTION of questious submitted to the people, duty of city clerk. 132. ADVANTAGE under Betterment Act, how estimated and assessed, 247. 248. ADVERTISEMENT of layout of highway on petition or by consent. 240, 241. of application for commissioners under Betterment Act, 246. of intention to abandon highway, 258. 259. AFFIRMATION IN OFFICE of members of city council. 3. of port wardens, 22G. of inspector of beef and pork, 234. of men to layout highways, 243, 244. of commissioners under Betterment Act, 246. AGE. operator of elevator not to be less than eighteen years of, ,128. AGENTS in public works department, employment of, 28. duty of, on application for permit to build, 93. to make heating apparatus safe, on notice from inspector, 106. of unsafe building, to be notified, 114. of building reported unsafe, duties and rights of, 115, 116. of building ready for inspection to give notice, 119. owner of building is bound by notice to. 119. AGREEMENT to conform removed building to building law, 113. with parties under Betterment Act, may be made by city council, 249. respecting land taken under Betterment Act, how treated, 249. AID, to preserve the peace, mayor may require, 8. chief of police may command, 48. to fire-wards, duty of citizens to render, 63. in use of voting machine, 170. AIR, persons lodging in open, to be deemed vagrants, 55. AIR SPACE between basement floor and, to be ventilated, 95. in brick work adjoining partitions, 104. in certain cases where smoke-pipes pass through partitions, 104. in double metal protection of wood-work from stoves, 105. between wood-work and metal sheathing to protect wood-work 106. ALARM OF FIRE, duty of fire-wards under gunpowder act in case of, 63, 64. ALDERMEN, number of, 2. are part of city council, 3. to attend at organization of city government, 3. to be engaged in office by the mayor. 3. and mayor to compose the Board of Aldermen, 3. city clerk's record of moneys received to be open to inspection of, 4. executive and police powers of maj^or and, 9. vacancy in office of, may not be filled by city council, 12. salary of, to be fixed by city council, 12. to receive no other emolument or compensation, 12. ineligible to office of profit in gift of city council, 12. to act as judge of municipal court in what cases, 15. elected on Tuesday after first Monday in November, 17, 18, 137. hold office from first Monday in January, 18. to be qualified voter and resident of ward, 18. new election in case of vacancy in office of, 7. in case of refusal to accept, or death before qualification in office of, 18. separate machines to be used by electors qualified to vote for. 164. ALMS, abled bodied persons applying for, to be deemed vagrants, 55. INDEX. 291 ALTERATION of ordinance to be by ordinance, 13. of sidewalks, authority for requiring. 43--45. of buildings to be examined by inspector of buildings, 91. to be subject to building law, how far, 92. of wooden buildings in first district, 117. of harbor line from Dorrance Street to Sassafras Point, 219. of certain highways formerly private ways, 239. of highways, under Betterment Act, 245-258. AMBULANCE, of city or hospital to have right of way, 49. AMENDMENT of ordinance to be by ordinance, 13. of constitution, arrangement of propositions for, on voting machine, 167, 168. AMERICAN INDEPENDENCE, appropriation authorized for celebration of, 24. AMUSEMENT, powers of city council relative to places of, 9. ANCHORING of vessels, power of city council to regulate, 9. ANCHORS of vessels not to interfere with other vessels at Point Street Bridge, 41. hollow walls to be tied with incombustible, 97, 98. ashlars to be tied to backing by metal, 08. certain walls to be fastened at each tier of beams by wrought iron, 99. ANGELL STREET, Providence Cable Tramway Co. may operate cars in, 188. ANIMAL MATTER prejudicial to health, removal of, 230, 231. ANIMALS going at large, authority to prevent, 57, 58. motive power other than, to be approved by city council, 186. penalty for suffering .tree to be injured by, 2G0. ANNUAL, unless otherwise provided, election of officers to be, 12. ANNUAL CANVASS, no caucus, to be held within ten days of, 154. excepting caucus for special election, 154. ANNUITIES from teachers' retirement fund, 84. ANNULMENT of licenses to sell gunpowder, 01. APARTMENT HOUSES, construction of roofs and floors of, 101. stairway partitions to be fire-proof, 107, 108. fire-escapes may be required on, 117. API'EAL, board of aldei-men may destroy cesspools notwithstanding, 235. from police court, recovery of fines and penalties on, 16. how taken. 17. moneys derived from, how disposed of, 17. from condemnation of land for school purposes, 80, 81. from order to repair unsafe building, 116. from decision of inspector of buildings under fire-escape law, 126, 127. from unreasonable regulation of exclusive rights in street, 180. from decision of railroad commissioner, 200. from layout of highway by board of aldermen, 244. from report of commissioners under Betterment Act, 251, 252, 254. from order or decree abandoning highw^ay or driftway, 259. from assessment for watering street, 262. APPEARANCE of defendant, recognizance for, 16. APPLICATIONS for licenses to keep and sell gunpowder, 65. for commissioners under Betterment Act, 245, 246. for jury trial under Betterment Act, 251, 252, 254, 257. for permit to build, 93. for permit to use space under sidewalk, 113. for removal of buildings, 113, 114. 292 INDEX. APPOINTMENT of officers needful or proper for the city, 11. of officers to be in convention, unless otherwise provided, 3, 12. of officers to be annual, unless otherw^ise provided, 12. of president, and president pro tempore, of board of aldermen. 3, 4. of president of common council, 6. of deputy recorder of deeds, 5. of chief of ix>lice, 11. of commissioner of public works, 27. of police constables and city watchmen, 46. of constables with power to serve civil process. 69. 70. of aldermen and councilmen. 17, 18. of assessors of taxes, 5. of assistant inspectors of buildings, 91, 92. of assistant inspectors of plumbing, 282. of board of canvassers and registration, 129. of commission to divide city into wards, 135. of caucus officers pro tempore, 153. of committee to lay out highways, 243. of commissioners under Betterment Act. 245, 246. of citj' clerk, 4. of clerk of common council, 6. of inspector of buildings, 91. of school committee, 77, 137. of recorder of deeds, 4. of caucus warden and caucus clerk, 152. of pfersons to collect and remove garbage. 232. of undertakers by board of aldermen, 276. of park commissioners, 277. APPORTIONMENT of taxes, 13. of entire damages among owners in different interests, 38, 39. of rent of land taken under Betterment Act, 249, 250. under Betterment Act, to be included in report, 248. APPRAISAL, of damages from abandonment of highway. 258. APPRAISERS of value of estate surrendered under Betterment Act, 255. APPROPRIATION of taxes, authority of city council, 11. money not to be paid from treasury without, 12. authorized for public celebrations, 24. compensation of employes in public works department not to exceed, 2S for public schools, school committee may draw against, 78. expense under contract with normal school to be paid out of, 78. for money borrowed for new schoolhouses and lots. 82. for loan for retaining wall from Hill's Wharf to Sassafras Point, 224. for Rhode Island Hospital, 236. for relief of firemen and policemen, 286, 287. APPROVAL or veto of concurrent legislation ; proceedure in case of, 8. of bond of constables with power to serve civil process, 70. of appointment of assistant inspectors of buildings, 91. 92. of bay or oriel windows by inspector of buildings, 102. of permit to remove building, 113. of alterations in wooden buildings in first district, 117. INDEX. 293 APPROVAL — Continued. of shelter over sidewalk, 121. by railroad commissioner of revocation of location of street railway, 199. of increase of capital stock by street railway company, 200, 202. of mayor required on question of municipal lighting plant, 20G. of retaining-walls in harbor by board of aldermen, 214. of bills for maintenance of North Burial Ground, 275. of appointment of assistant inspectors of plumbing. 282. APRIL, board of appeal under fire-escape law to be appointed in, 12G. return of gross earnings by certain corporations in, 179, 183, 187. Narragansett Electric Lighting Co. to pay tax in, 207, 208. AQUEDUCTS for city water works, 35. penalty for injury to, 37. ARBITRATION for fixing rate of tax on gross earnings, 183, 184, 208. for fixing rate to be charged for electric lights. 209, 210. of value of estate surrendered under Betterment Act, 255. ARCHES, wooden centering supporting trimmer, to be removed before plastering, 104. to be fire-proof when, 103. ARCH FORMS of timber may be used for interior arch of wall. 99. ARCHITECT of building unlawfully constructed, record of, 91. duty of, on application for permit to build, 93. examination and certificate of strength of floors by, 101. survey of unsafe party wall by, 114. owner of building bound by notice to, 119. on board of appeal under fire-escape law, 126. AREA of wooden buildings within close limits in outer building district, 90. fire extinguishing apparatus required in buildings of certain, 107. of tenement house, dampness in to be prevented, 110. of tenement houses, construction with reference to. 111. of wooden buildings in first and second districts, 117, 118. ARMORIES, construction of roofs and floors of, 101. ARRANGEMENT of candidates and propositions on ballot captions, 167, 168. ARREST of disorderly persons in buildings, by chief of police without warrant, 48. without warrant for violation of Caucus Act, 161. ARTICLES made by one's own hands, exempted from license fee, 50. of household manufacture, exempted from license fee, 50. authority to regulate dealers in junk and second-hand, 51. ASHES, depositories for, to be fire-proof, 106. ASHLAR, construction of walls faced with thin, 98. to be securely tied to brick backing, 98. ASPHALT for cellar bottom for dwelling house or hotel on made land, 95. ASSENT to "an act providing for a tax on street railways," 201. of city council to street railway acts, 188. ASSESSMENT OF TAX, copy of, to be delivered to city treasurer. 5. ASSESSMENTS of taxes, city council authorized to make, 11. of taxes to be according to laws of state, 13. must be applied to sewer bond sinking fund, 25. for sewers, how to be made, 29. refunding and reassessment of, 29, 30. gives right to connect with sewer, when, 30. 294 INDEX. ASSESSMENTS— Co)ifi.nHCf7. for sewers, to be a lien upon the estate on which they are made, 30. how payable, 30. discount for anticipated payment of, 31. interest and costs on delinquent payment of, 31. exemption of cemeteries from, 32. paid by life tenant, may be recovered from remainder-men, 32, 33. includes expense of sewer connections, 33. for teachers' retirement fund, 83. for benefit 01=^ damage under Betterment Act, how made, 247, 248. under Betterment Act, jury trial on, 248. may be settled by agreement, 249. to be added by assessors of taxes to tax on land, 250, 2.51. costs of jury trial on appeal, how taxed, 2.52. to cover what- proportion of loss and damage, 248, 253. not to be made in case of defect in condemnation, 256. for cost of watering street, 261, 262. for highways or sewers not' included in tax limitation law, 265. ASSESSORS OF TAXES to be elected by city council. 5. to constitute the board of assessors of taxes, 5. to deliver copy of tax assessment to city treasurer, 5. sidewalk tax to be certified to, 45. to add assessment under Betterment Act to tax on land, 250, 251. ASSIGNMENT of party column on ballot captions, 167. ASSISTANCE, in use of voting machine, 170. ASSISTANT CITY SOLICITORS, election of. as officers of law department, 13, 14. ASSISTANT ENGINP]EKS to be appointed by commissioner of public works, 27. tenure of office of, 27. salary of, how fixed, 27. ASSISTANT INSPECTORS of buildings, appointment of, 91, 92. of plumbing, appointment, removal and duties of, 282. ASSISTANTS to commissioner of public works, appointment of, 27, 28. in fire department may inspect combustible materials in buildings, 73, 74. to board of canvassers and registration, employment of, 134. ASSIZE OF BREAD, powers of city council relative to. 9. ASYLUM, Dexter, town meeting for management of, 18, 19. protection to life from fire in, 122--128. AT-LARGE, authority to prevent animals from going, 57, 58. ATTENDANCE of witnesses, police court may compel, 16. of witnesses may be compelled by board of canvassers and registration, 133. at school, required of children of school age, 79. ATTIC FLOORS excepted from general regulations for construction of floors, 101. AUDITOR, CITY, money not to be drawn until vouchers are filed with, 13. to be informed of deductions from teachers' retirement fund, S3. ALTDITORIUM, fire extinguishing apparatus to be provided in, 109. wall separating stage from, to be fire-proof, 109. overheads beneath floor of, to be fire-proof, 109, 110. AUGUST, report of commission to divide city into wards to be filed in, 13.5, 138. division of city into wards filed in city clerk's oflice in, 138. INDEX. 295 AUTHORITY to be present at count of ballots to be in writing, 131. 132. for city obligations to remain unimpaired, 2Go. citj- not to incur indebtedness without special statutory, 265. AVENUE, ELMWOOD, city council authorized to turf certain parts of, 2G0. 2G1. BACKING, external walls faced with stone to have brick, 98. stone facing to be securely tied to, 98. walls faced with thin ashlar to have brick, 98. ashlars to be securely tied to brick, 98. iron piers under external walls, and iron facings, to have brick, 98, 99. BAGS, gunpowder to be transported in leather, G4, G5. BAIL, police court may take. IG. police court may commit for want of. IG. BALANCES, city council may use for general purposes certain unexpended, 23. of accounts in hands of public administrator. 284, 285. BALLOT-BOXES, board of canvassers and registration to cause polling places to be furnished with, 135. to be opened by warden and clerk only, 136. at caucuses, to be shown to be empty before voting begins, 153. to be furnished by board of canvassers. 155. BALLOT-CAPTION, definition of, in voting machine law, 166. arrangement of. on face plate of voting machine, IGT. arrangement of candidates and propositions on, 168. to be printed on white paper and in clear type, 168. by whom furnished and how used, 169. BALLOTS, when required, elections to be by, 12. cast for municipal officers, counting of, 131, 132. candidates may be heard for or against counting of, 132. board of canvassers to determine all questions as to validity of, 132. to be returned to board of canvassers, 132. penalty on board of canvassers for false count of, 133. return of, by election officers, 136. name of political party not to be combined with words on, 151. required at caucuses, material and form of, 153. 154. name and address of voter to be written on challenged, 156. unlawful, not to be received by caucus ofiicer, 156. to be counted and declared at close of caucus, 157. to be returned in person by caucus clerk of first district, 157. cast at caucus, recount of, 158, 159. penalty for unlawful deposit of, at caucuses, 160. BALUSTERS, stairways in- tenement houses to have proper, 110. BAND CONCERTS, appropriations for, authorized, 24. BARTER of junk and second-hand articles, license for, 51. BASE COURSE, foundation walls to rest on proper footing course or, 95. breadth of, to be proportional to load and soil, 95. BASEMENT FLOOR, air space between cellar bottom and. to be ventilated, 95. BASKETS, sales from, in streets, may be regulated. 49, 50. sale of fruit from, may be licensed by city council, 50. exempted from regulation by board of aldermen. 69. BAY WINDOWS, construction of, over streets, 102. 296 INDEX. BEAMS, certain walls to be anchored at each tier of, 99. resting on girders, constrnction of, 99. to have bearing of at least four inches, 100. entering brick walls to be cut on a splay, 101. construction of main partitions supporting, 101. entering party wall from opposite sides, 101. to be fire-proof, when, 103. regulation of smoke-pipes passing beneath wooden, 104. BEARERS, thickness of walls, when floor joists rest on iron, 97. BEARING required for floor beams, 100. BEARING WALLS without crosswalls or buttresses, thickness of, 97. construction of hollow walls if used as, 97, 98. BEAST, penalty for suffering tree to be injured by, 260. BEDROOM, construction for ventilation of, 110. BEEF, appointment of inspector of, 234. duties, fees and obligations of inspector of, 234. BEGGARS to be deemed vagrants, 55. BENEFICIARIES of teachers' retirement fund, 84. BENEFIT under Betterment Act, how estimated and assessed, 247. how reported to Supreme Court, 247, 248. assessment not to exceed the, 248. may be settled by agreement, 249. jury trial on, 248. costs of jury trial on appeal, how taxed, 252. BEQUESTS may be received for teachers' retirement fund, 83. for care of lot in North Burial Ground, 273, 274. BETTERMENT ACT, layout of highways under, 24.5-258. BIBLES may be sold in streets without payment of license fee, 50. may be sold without regulation by board of aldermen, 69. BIDS for city bonds or notes, acceptance or rejection of, 22. BILLS of North Burial Ground, approval of, 275. BINDERS of iron or stone to be built into brick piers, 100. BINDING COURSES, use of, in brick walls, 98. BLACKSTONE BOULEVARD, city authorized to hire money for, 278, 279. BLACKSTONE PARK, city authorized to hire money for, 278, 279. city authorized to purchase land for, 279. BLACKSTONE RIVER, city water supply may be obtained from, 35. BLOCKS may be designated as close limits in outer building district, 90. BOARD of trustees of teachers' retii'ement fund, 83. BOARDS, piling of, within certain limits prohibited, 67. BOARDING HOUSES, construction of roofs and floors of, 101. regulations for fire-proof stairway partitions in, 107. fire-escapes may be required on, 117. BOARD OF ALDERMEN, powers of, 2. mayor and aldermen to compose the, 3. to sit and act together as one body, 3. presiding officer of, has casting vote only, 3, 4. president of, 3, 4. president pro tempore of, 4. city clerk to act as clerk of, 4. INDEX. 297 BOARD OF AhDERUKN— Continued. sureties on bond of city treasurer to be satisfactory to, 6. yeas and nays on journal of, G. rules of procedure of, 7. may judge of election of its own members, 7. may, in certain cases, order new elections, j, 18. quorum of, 7. special meetings of, may be called by the mayor. 8. mayor may communicate messages to, 8. matters requiring concurrent action of, to be presented to mayor, 8. general executive and police powers of, 9. to have negative in legislative matters upon common council, 12. committee of, not to draw for money until vouchers are filed, 13. rules and regulations of, to be published, 13. special judge of municipal court may be appointed by, 15. police court jurisdiction of offences against rules of, 15, 16. city charter not to affect pre-existing laws of, 19. may charge and collect fees for licenses and commissions, 23. 24. to approve appointment of commissioner of public works, 20, 27. salaries of engineers to be subject to approval of. 27. may require reports on bridges from commissioner of public works, 27, 28. superintendent of Point street bridge to be appointed by, 40. police officers to be appointed by chief with consent of, 46. to be removed by chief with consent of, 46. special constables may be appointed by, 47. may license dealers in junk and second-hand articles, 51. power of, to commit to house of correction, or to jail, 53, 54. to order unsuitable persons to leave the city, 54, 55. to commit to prison for disobedience of order, 55. to discharge persons committed on their order, 56, 57. to discharge persons committed on sentence of court, 57. recommitment of persons failing to fulfill condition imposed by, 57. prohibition of storage of cotton waste without permission of, 59. may license and regulate keeping and sale of fireworks, 59, 60. licenses to sell gunpowder to be issued by, 61. gunpowder to be landed or shipped at place designated by, 64. application for license to sell gunpowder to be made to, 65. gunpowder to be kept only in places designated by, ij6. may regulate bootblacks, newsboys, and street venders, 68. constables with power to serve civil process may be appointed by, 69. bond of, to be approved by, 70. appointment may be revoked by, 70. location and operation of steam boilers. 85—87. assistant inspectors of buildings may be appointed with approval of, 91. may be removed with approval of, 92. may regulate safety and ventilation of tenement houses, 110. coal holes and vaults under sidewalks. 111, 112. steam boilers and heaters under sidewalks, 112. may revoke privileges granted under sidewalk or street, 113. 38 298 INDEX. BOARD OF AJjBERME'S— Continued. may order filling of excavation under sidewalk, 112. stable not to be erected or altered without approval of, 113. may permit shelters over sidewalk, 121, 122. board of canvassers to count ballots formerly counted by, 131. warrants for new election to be issued by, 132. separate machines to be used by electors voting for members of, 164. may establish and regulate ferries in harbor, 211. may require retaining walls where tide-flowed flats are filled, 214. prohibition of structures above Weybosset bridge without consent of, 215. powers of, relative to wharves, streets and bridges, 215, 216. may remove obstructions in harbor between Fox Point and India Point, 220. may make rules for seizure and destruction of unwholesome provisions, 229. may oi'der removal of unsanitary conditions. 230, 231. may make rules for collection and removal of garbage, 232. deputy city registrar may be appointed by. 234. may compel connection of drainage with sewer on sewered streets, 235. may alter or discontinue certain highways, formerly private ways, 239. establishment of highways by, on petition or by consent of owners, 240, 241. may establish highway on land used as such for twenty years, 241. not to establish highway without request of city council, 242. may define grade for platted street on request, 242. to lay out highways on request of city council, 243, 244, 252. removal of buildings under Betterment Act by order of, 249, 252. layout under Betterment Act to be declared highway by, 252. notice of surrender of estate under Betterment Act to be given to. 255. duties of, on abandonment of highway, 258. removal of trees in highway by order of, 260. undertakers to be appointed and removed by, 276. assistant inspectors of plumbing to be approved by, 282. BOARD OF APPEAL under fire-escape law, appointment of, 126. duties, powers and compensation of, 126, 127. BOARD OF ASSESSORS of taxes, election, 5. to deliver copy of tax assessment to city treasurer, 5. BOARD OF CANVASSERS AND REGISTRATION, election of, 129. to receive registration of persons entitled to vote, 129. organization of, 130. oflSce of, to be open as required by law, 130. to hold canvass meeting in each ward, 130. final canvass meeting in oSice or elsewhere, 130. quorum of, for registration and other purposes, 130. registration of voters to be before, instead of before city clerk, 130. general powers, duties and obligations of, 130, 131. to count ballots cast for municipal officers and propositions, 131. manner of counting, determining and certifying result of election, 131, 132. election ofiicers to make return to, instead of to city clerk, 132. to deliver election record books to city clerk, 133. penalty for false action or record by, 133. members of, may administer oaths, 133. powers of, as a returning board, 133. INDEX. 299 BOARD OF CANVASSERS AND REGISTRATION— CoH^nued. wilfullj' false oath in proceedings before, to be deemed perjury, 133. accountability of, for fees, 133, 134, 137. voting lists to be furnished by, on payment of fee, 134, 137. salai'y of, and how fixed, 129, 134. authority of, to employ clerical assistance, 134. duplicate map of division of city into wards to be filed with, 135. to designate polling places in voting districts, 135, 136. to furnish ballot boxes and paraphernalia for elections, 135, 136. for caucuses, 155. to appoint wardens, clerks and supervisors, 136. names of officers and members of city committees to be filed with, 149. designation of day for holding caucus to be filed with, 151. to be notified of date selected for caucus, 151. to provide polling places for caucuses, and give notice, 151. to hold council canvass meeting on twenty-seventh day before election, 154. duties of, in preparation of voting lists for special caucuses, 154, 155. to certify and deliver voting lists for caucuses, 155. return of result of caucus to be made to, 157. check lists used at caucus to be certified back to, 157. to be r^roduced for succeeding caucuses by, 157, 158. to be preserved and copies furnished by, 158. notice to, and recount by, of ballots cast at caucuses, 158, 159. BOARD OF COMMISSIONERS of North Burial Ground, how constituted, 276. BOARD OF COMMISSIONERS OF SINKING FUNDS, may be established, 20, 21, to have powers and liabilities of trustees of former sinking fund, 21. duties of, in regard to perpetual care funds, 275. BOARD OF FIRE COMMISSIONERS, election and powers of, 72--74. BOARD OF HEALTH may regulate safety and ventilation of tenement houses, 110. BOARD OF PUBLIC WORKS, creation and abolishment of, 26. commissioner of public works has power of, 26. commissioner of public works to have powers and duties of, 27. powers of city council under Water Act may be conferred upon, 28, 29. election of, terminated offices of highway and water commissioners, 31. BOARD OF SURVEY of unsafe buildings, appointment and report of, 115. BOATS, mooring of, to Point street bridge, penalty for, 41. shipping or landing gunpowder to or from, 64. regulations for carrying gunpowder in, 65. ferry, regulation of, 211. BOILER ROOMS, construction of, 106. may be examined by inspector of buildings, 117. BOILERS, board of aldei-men may regulate operation of steam, 85--87. construction of flues for, 103. protection of woodwork from flues of, 105. woodwork, unless protected, not to be placed within one foot of, 106. penalty for unlawful operation of, 85--87. construction of rooms for drying lumber by direct heat from, 107. under sidewalk, board of aldermen may permit use of. 112. BONDS of fiduciary ofiicers to be required by city council, 12, 13. of city officers to be fixed by city council, 13. 300 INDEX. BONDS— C'oHt?';u(ed. of deputy city treasurer, 6. authority for ordinance relative to registration of city, 20. management of sinking funds for redemption of, 20, 21. commissioners of sinking funds need not give official, 21. acceptance or rejection of bids for city, 22. city council may provide for payment of, in gold or currency, 22. sewer assessments must be applied to sinking fund for sewer, 25. special constables appointed for three days need not give, 47. of constable authorized to serve civil process. 70. of applicant for license to move buildings, 114. authorized to be issued by Union Railroad Co., 181. by Nari-agansett Electric Lighting Co., 203. of city, to be paid according to their tenor, 265. for new schoolhouses and lots, 82. for retaining wall from Hill's wharf to Sassafras Point, 224, 225. for harbor improvement, 225. for layout and building of street to Prospect streeL, 263. for highway purposes, 264. for Roger Williams Park, Blackstone Park and Parkway, 278, 279. schedule of, for purposes authorized by statute, 267—272. of inspector of beef and pork. 234. on appeal from assessment for watering street. 262. of public administrator, 284. 285. of superintendent of North Burial Ground, 275. BOOKS to be delivered by city clerk to successor in office, 4. religious, may be sold in streets without payment of license fee, .50. without regulation by board of aldermen, 69. of election officers to be returned to returning board. 132. board of canvassers and registration may compel production of, 133. BOOTBLACKS, may be regulated by board of aldermen. 68. BORROWING of money for state tax payable June fifteenth, 21. of $300,000 annually for. school purposes. 82. of money by city, how limited, 265, 266. statutory authority for. 267-272. BOL'LEVARD. city authorized to hire money for Blackstone, 278. 279. BOUNDARY LINES, of streets, sewer connections may be extended to. 33. protection from excavation of walls upon, 93. of wards and voting districts, 138-147. of the harbor, 212. BOWLS, keeper of, to be deemed disorderly person, 56. BOX, keeper of gaming, to be deemed disorderly person, 50. BREAD, power of city council relative to assize of, 9. BREADTH of base course of foundation walls, 95. BRICK for cellar bottom of dwelling house or hotel on made land, 95. foundation walls for wooden buildings, thickness of, 95. stone facing of external wall to have backing of. 98. to be securely tied to backing of, 98. use of headei's in construction of wall faced with face, 98. walls faced with thin ashlar to have backing of, 98. heading courses to be good, hard, perfect, 98. iron piers under external walls, and iron facings, to be backed with. 98. 99. certain walls to be supported by iron, stone or, 99. INDEX. 301 BRICK BUILDINGS, roofs of to be covered with incombustible material, 102. requirement of fire-proof cornices and gutters on, 102. thickness of external walls of, 107. in second district, to have incombustible fire-stops, 118, 119. BRICK CORBELLING, thickness of walls when floor joists rest on, 97. BRICK FLUES, construction of, 103. BRICK PIERS, construction of isolated and external, 100. iron or stone binders to be built into, 100. BRICK WALLS, except foundation walls, how to be built, 94. thickness of, 95—97. every ninth course to be a heading course in, 98. not to rest on wooden supports, 99. columns supported by, to rest on iron plate or cap stone, 100. footing course of pier or column supporting, 100. beams entering, to be cut on a splay. 101. BRICK-WORK of isolated chimney, how to be laid up, 103. back of fireplaces, construction of, 104. of flue, woodwork not to be secured to, 104. BRIDGES, lounging upon, city council may prohibit, 10. commissioner of public works to examine, 27, 28. to have construction and maintenance of all public, 27, 31. building of, in public waters above Weybosset bridge, 215, 216. in parks, city authorized to hire money for, 278. 279. BUILDING of sidewalks, authority for requiring, 43-45. BUILDING DISTRICTS, city divided into two, limits of, 89, 90. city may change lines of, 90. may block out close districts in, 90. close, to include both sides of boundary street, 90. BUILDING LAW of 1843. relating to operation of steam boilers, 85. of 1878, relating to construction of buildings. 88. meaning of terms used in, 90, 91. inspector of buildings to keep i-ecord of violation of, 91. construction of new work on buildings to conform to, 92. agreement to conform removed buildings to, 113. notice required, how to be served, 119. general penalty clause for violation of provisions of. 119. supreme couit may enjoin violations of, 119. fines recovered for violation of, to be paid into city treasury, 120. BUILDING MATERIALS in street during building operations, 94. BUILDINGS, regulation of electric wires over, with consent of owners, 10. certain, may be entered by chief of police with what powers, 48. keepers of gaming implements in. to be deemed disorderly persons, 56. limitation and regulation of gunpowder in, 61. authority to destroy, in case of fire, 71. damages to be paid in such case, 71, 72. inspection of combustible materials in, 73, 74. does not apply to dwelling houses. 74. school committee to have custody of school. 77, 78. city council to have expenditure of appropriations for school, 78. $300,000 may be borrowed annually for new school, 82. 302 INDEX. BUILDINGS— Coni(«!/ed. exempt from operation of building law. 88. inspector of, to be elected by city council, 91. general duties and salary of, 91, 92. wooden, within close limits in outer building district, 90. inspector of, may appoint and remove assistants, 91, 92. under construction, to be examined by inspector of buildings, 91. reported dangerous, or damaged, examination of, 91. assistant inspectors of, appointment, 91, 92. alterations of, to be subject to building law, how far, 92. raising of, to conform to building law, 92. work on, not to be done without permit, 92. permit for, to be exercised within six months, 93. external walls of, under construction within five feet of sidewalk, to be fenced, 93, 94. staging for erecting, not to be placed in street without permission, 94. care of rubbish and materials during erection of, 94. rubbish from erection of, to be removed upon order, 94. foundations of permanent. 94. thickness of foundation walls of wooden, 95. thickness of walls, 95-97. timber not to be used in walls of, except for interior arch forms, 99. inspector of, to approve size of cap irons and cap stones, 100. trimmers and headers in, to be hung in stirrup irons, 100. for business purposes, construction of floors of, 101. overloading floors of, prohibited, 101, 102. construction of bay or oriel windows of, over streets, 102. roofs of certain, to be covered with incombustible material, 102. fire-proof cornices for walls of brick, stone or iron, 102. fronting on street to have water conductors from roof. 102. fire-proof construction of, above certain height, 102, 103. structures above roofs of, to be fire-proof when, 103. to be provided with scuttles, 103. regulation of smoke pipes in, 104. thickness of external walls of certain brick, 107. standpipe, hose or sprinkling pipes, required in certain, 107, 109. elevators and hoistways in, 107. fire-proof stairway partitions in, 107, 108. egress stairways in certain, 109. to be used as tenement houses, construction of, 110, 111. removal of, 113. reported unsafe, proceedings in such case, 114—116. dangerous in case of fire, proceedings in such case, IIG, 117. fire-escapes required on certain, 117. wooden, in first building district, regulation of, 117. in second building district, regulation of, 117, 118. ready for inspection, notice to be given. 119. not to be lathed or sheathed until inspected, 119. within ten feet of street, permit for erection of, 120. penalty for obsti-ucting street by, 121. INDEX. 303 BUILDINGS— Coji^iMMcrf. shelters over entrances to, 121, 122. protection to life from fire in certain, 122--128. prohibition of, over public waters above Weybosset bridge, 215. sanitary condition of, 230, 231. removal of, on layout of highway, 244. 245, 219, 252. taken under Betterment Act, to remain property of owners, 254. di-ainage and plumbing of, 280, 281. BULKHEADS on roofs, buildings to be furnished with, 103. on buildings in second district, regulation of, 117, 118. regulation of wooden buildings built on, in second district, 118. BUOYS of vessels not to interfere with other vessels or Point street bridge, 41. BURIAL of the dead, powers of city council to regulate, 9. of corpse forbidden, except by undertaker, 276. BURIAL GROUND, provision for care of burial lots in North, 273--275. l)Owers of city council relative to public. 9. BUSINESS in either branch of city council, quorum for, 7. at caucuses, other than voting, 153. BUSINESS BUILDINGS, construction of roofs and floors of, 101. BUTCHERS retailing meats in streets, exempted from license fee, 50. from regulation by board of aldermen, 69. BUTTRESSES, thickness of bearing walls without, 97. construction of, 97. construction of external walls between, 97. BUTTS of timbers entering brick wall to be cut on a splay, 101. BY-LAWS, city council may impose penalties for violation of, 2. jurisdiction of police court over offences against, 15, 16. authorized for government of house of correction, 53. CABLES of vessels not to interfere with other vessels at Point street bridge, 41. exclusive right in streets to use, may be granted, 178. CABLE TRAMWAY COMPANY, note relative to franchises of. 173. act governing operation of, by Union Railroad Co., 187--193. CALL for caucuses, time of i,ssue and form of, 151. for caucus to be published in newspaper, 151. for special caucuses, 159, 160. CANDIDATES may be present, in person or by proxy, at counting of vote, 132. at recount of caucus vote by board of canvassers, 159. at caucus to be voted for by ballot, 153. names of, to be on one ballot, 154. to be elected by plurality, 156, 157. certificate of election or nomination, 157. arrangement of, on ballot captions of voting machines, 167, 168. names of, to be printed on tally sheet for voting machine, 168. CANVAS, gunpowder carried in vehicles to be covered with, 65. powder in boat to be covered with, 65. CANVASSERS AND REGISTRATION. BOARD OF, election, 129. to receive registration of persons entitled to vote, 129. organization of, 130. office of, to be open as required by law, 130. ; 304 INDEX. CANVASSERS AND REGISTRATION, BOARD OF— Continued. to hold canvass meeting in each ward, 130. final canvass meeting in office or elsewhere, 130. quorum of. for registration and other purposes, 130. registration of voters to be before, instead of before city clerk, 130. general powers, duties and obligations of, 130, 131. to count ballots cast for municipal officers and propositions, 131. manner of counting, determining and certifying result of election, 131, 132. election officers to make return to, instead of to city clerk, 132. to deliver election record books to city clerk, 133. penalty for false action or record by. 133. members of, may administer oaths, 133. powers of, as a returning board, 133. wilfully false oath in proceedings before, to be deemed perjury, 133. accountability of, for fees, 133, 134, 137. voting lists to be furnished by, on payment of fee, 134, 137. salary of, and how fixed, 129, 134. authority of, to employ clerical assistance, 134. duplicate map of division of city into wards to be filed with, 135. to designate polling places in voting districts, 135, 136. to furnish ballot boxes and paraphernalia for elections, 135, 136. for caucuses, 155. to appoint wardens, clerks and supervisors, 13G. names of officers and members of city committees to be filed with, 149. designation of day for holding caucus to be filed wnth, 151. to be notified of date selected for caucus, 151. to provide polling places for caucuses, and give notice, 151. to hold council canvass meeting on twenty-seventh day before election, 154. duties of, in preparation of voting lists for special caucuses, 154, 155. to certify and deliver voting lists for caucuses, 155. return of result of caucus to be made to, 157. check lists used at caucus to be certified back to, 157. to be reproduced for succeeding caucuses by, 157, 158. to be preserved and copies furnished by, 158. notice to, and recount by, of ballots cast at caucuses, 158, 159. CANVASSING of voters by board of canvassers, 129. CANVASS MEETINGS for elections, when to be held, 130. for caucuses, when to be held, 154, 155. for city council caucus, notice of, 154. for special city council caucus, notice of, 155. CAP of iron or stone under lintels, girders and columns, 100. CAPITAL STOCK may be increased, for what purposes, by street railway com- panies, 200, 202. CAPTAINS, fees of harbor master to be paid by, 218. duty of. to remove and cleanse vessel, when, 231. CAPTION, definition of ballot, 160. CARDS, keepers of, to be deemed disorderly persons, 55. CARE of city property by the city council, 13. of lots in North Burial Ground, 273, 274. perpetual, management of funds for, 275. INDEX. 305 CARELESSNESS, power of mayor to prosecute for, 8. CARGO of vessel, duty of port wardens to examine, 226--228. CARRIAGE, limitation and regulation of gunpowder in, 61. regulation for carrying gunpowder in, 65. CARRIER SERVICE by Union Railroad Co. for other street railway companies, 185. CARS to run through central transfer station, 194. city council may regulate operation of, 182. CARTS, power of city council to license and regulate, 9. passing over drawbridges, power of city council to regulate, 10. obstructing right of way of ambulances, penalty, 49. sales fi-om in street, may be regulated, 49, .50. sale of meats and fish from, exempted from license fee, 50. exempted from regulation by board of aldermen, 69. limitation and regulation of gunpowder in, 61. regulation for carrying gunpowder in, 65. CASINO at Roger Williams Parii, loan for, 270. CASTING VOTE only, for mayor and president of board of aldermen, 3. CATTLE going at large, authority to prevent, 57, 58. going at large between certain hours, prohibited, 58 : penalty, 59. CAUCUS, meaning of. in Caucus Act, 148. for election of ward committee, 149. certain city committees may regulate right to participate in. 149. notices for holding, to apply to party members only, 150. right to participate in, 150, 154, 156. names checked on check list of, to be rejected from nomination papers, 150. not to be held by two political parties on same day, 151. designation of day for, 151. not to be held within two days of last day for filing nominations, 151. two, on successive days, not to be held by same political party, 151. to be held on call of city committee, 151. date for holding, to be notified by city committee, 151. places for holding, 151, 152. hours for holding, 152. who to call to order and preside at, 153. regulation of voting at, 153, 154. to be held after ten days after annual canvass, 154. voting lists used at, to be canvassed, when, 154. for city council to be held within twenty-five days of municipal election, 154. what voting lists to be used at special, 154. special, for candidates to city council, canvass meeting for, 155. voting lists used at, to be duly certified, 155. to be checked in special color for each party, 155. to be. delivered by whose order, and by whom, 155. challenge of vote at, and procedure thereon, 156. adjournment of, 157. check lists used at, to be certified back to board of canvassers, 157. to be reproduced by board of canvassers for succeeding caucuses, 157, 158. preservation and furnishing of certified copies, 158. recount of ballots cast at, 158, 159. for special elections, holding of, 159, 160. 39 306 JNDEX. CAUCUS— Continued. penalties for violation of act relating to, 160. arrest without warrant for violation of act relating to, 161. CAUCUS CLERK, election of, 152. to be qualified elector of district, 152. to be member of political party at whose caucus he is elected, 152. general powers and duties and term of ofiice of, 152. vacancy in office of, how filled, 152. eligibility of, 152. in case of redivision, appointment of, 152. may call caucus to order and may preside, when, 153. who to act in absence of, 153. to be elected by ballot, 153, 154. not to receive ballot which by law he is required to refuse, 156. vacancy how filled, in case of tie vote for. 156. adjournment of caucus on failure to elect, 157. to count ballots at close of polls, 157. to certify lists used at caucus to board of canvassers, 157. penalty for false answer to, as to right to vote, 160. CAUCUS OFFICERS, meaning of, in Caucus Act, 148. CAUCUS WARDEN, election of. 152. to be qualified elector of ward, 152. to be member of political party at whose caucus he is elected, 152. general powers, duties, and term of office of, 152. vacancy in office of, how filled, 152. eligibility of, 152. in case of redivision, appointment of, 152. to call caucus to order and to preside, 153. who to act in absence of, 153. to be elected by ballot, 153. delivery of ballot boxes and supplies to, 155. duty of, when vote is challenged, 156. not to receive ballot which by law he is required to refuse, 156. vacancy, how filled, in case of tie vote for, 156. adjournment of caucus on failure to elect, 157. to be to-day designated by, 157. to count ballots, and declare result at close of polls, 157. to deliver certificates of election or nomination, 157. penalty for false answer to, as to right to vote, 160. CAUSEWAYS, building of, in public waters above Weybosset bridge, 215, 216. CEILINGS, regulation of smoke-pipes near combustible, 104. regulation of smoke-pipes passing beneath wooden, 104. CELEBRATION of public occasions, appropriations authorized for, 24. CELLAR, definition of, in building law, 91. limitation and regulation of gunpowder in, 61. regulations for sanitary condition of, 230, 231. CELLAR BOTTOMS of dwelling house or hotel on made laud, 95. air space between basement floor and, to be ventilated, 95. CELLAR DOORS in streets, powers of city council relative to, 9. in sidewalks, power of sidewalk commissioners to remove, 43. INDEX. 307 CEMENT to be used in building of brick or stone wall, 94. and gravel for cellar bottom of dwelling house or hotel on made land, 95. and brick for cellar bottom of dwelling house or hotel on made land. 95. CEMETERIES, exempted, how far, from sewer assessments. 32. CENTERING, wooden, supporting trimmer arch to be removed before plastering, 104. CENTRAL BRIDGE, maintenance of, by Providence and East Providence, 42. CENTRAL OFFICE SYSTEM of fire alarms, loan for, 272. CENTRAL POLICE STATION loan, 272. CENTRAL STATION for transfer of passengers, 193, 194. CERTIFICATES of elections to be presented to mayor, 3. ^ of records to be furnished by recorder of deeds, 5. of registered city bonds. 20. of strength of floors, 101. of strength of floors, when posted, not to be removed. 102. of exemption from requirement of fire-escape law, 124. of compliance with fire-escape law. 124. to be void if building is materially changed in form or use. 124. under fire-escape law neglect to give to be deemed refusal to give, 127. of election to be issued by city clerk, 132. of election officers to be returned to board of canvassers, 132, penalty on board of canvassers for false, 133. board of canvassers and registration may compel production of, 133. to collect fee for, 133, 134. of returns of caucus oSicers, board of canvassers to furnish forms for, 155. of election of candidates at caucuses, 157. of matters of record to be furnished by port warden, 227, 228. CERTIFICATES OF NOMINATION, caucuses not to be held within two days of last day for filing, 151. CERTIFICATION by board of canvassers, of result of election, 132. CERTIFIED COPIES of record, to be furnished by justices of police court, 16. CESSPOOL under sidewalk, prohibited, 112. board of aldermen may require destruction of, 235. CHAIRMAN of committee on education to be member of school committee, 76. of school committee to be trustee of teachers' retirement fund, 83. of board of canvassers and registration, election, and duties of, 130. of political committees, vacancy in oflice of, how filled, 149. of city committee, to give notice of date selected for caucus, 151, 159. to be notified of places for holding caucuses, 151, 159. of committee on North Burial Ground, to be ex-ofjlcio commissioner, 276. CHALLENGE of voter at caucus, and proceedings thereon, 156. CHANNEL, vessel with powder on board not to lie north of India Point, 64. penalty for encroachment upon, or injury to, 213. CHARGE of school property, vested in school committee, 77. CHARITY, able-bodied persons applying for, to be deemed vagrants, 55. CHARTER OF THE CITY (of 1866, superseding the original charter of 1832), 1--19. not to affect pre-existing city laws, or vested rights, 19. CHECK LIST, names checked on, not to be counted on nomination papers, 150. to be certified back to board of canvassers, 157. certified copy of, to be prepared for succeeding caucuses, 157, 158. used at caucus, preservation and furnishing certified copies of, 158. 308 INDEX. CHECK IjIST— Continued. used at caucuses, penalty for falsifying, 160. CHECK-MARK, on caucus voting list, to be made in party color. 155. CHIEF OF FIRE DEPARTMENT to be, ex-oflicio, president of fire department, 71. may inspect and remove combustible material in buildings, 7P>. 74. CHIEF OF POLICE, to be elected by city council in January. 11. appointment and removal of police officers by. 46. city marshal to hold office until election of, 47. need not furnish surety for costs, 47. may enter certain buildings with what powers, 48. may command aid, 48. to detail police officers for delivery of voting lists at caucuses. 1.55. •CHILDREN, abandoner of, to be deemed disorderly person. 55, 56. provision for education, in normal school building, 78. of school age required to attend day school, 79. CHIMNEYS, powers of city council to regulate, 9. alterations of buildings not affecting, 92. construction of, 103. topping of, how regulated, 103, 104. regulation of earthen funnels in, 104. to be made safe on notice from inspector, 106. in tenements or lodging houses, construction of, 110. CHURCHES, construction of roofs and floors of, 101. excepted from fire-proof construction above eighty feet, 102. 103. not required to maintain fire extinguishing apparatus, 107. stairway partitions in, to be fire-proof, 108. construction of overheads beneath floor of auditorium in, 109. 110. fire-escapes may be required on, 117. in second building district, regulation of spire of, 117, 118. CITY AUDITOR, money not to be drawn until vouchers are filed with, 13. to be informed of deductions from teachers' retirement fund. 83. CITY BONDS, authority for ordinance relative to registration of, 20. limitation of, without special statutory authority, 26.5. schedule of statutes authorizing. 266-272. outstanding, to be fulfilled according to their tenor, 265. taxation not limited for purpose of paying, 265. CITY CHARTER (of 1866, superseding the original charter of 1832), 1-19. not to affect pre-existing city laws, or vested rights, 19. CITY CLERK, annual election on first Monday in January, 4. general duties of, 4. to be clerk of board of aldermen, 4. to keep record of fees and moneys received by him, 4. ordinances, rules and regulations to be published by, 13. to give notice of ward meetings, 17. to be clerk ex-officio of town meetings, 19. fees for fireworks licenses to be paid to, 60. liecenses to sell gunpowder to be signed by, 61. fees for gunpowder licenses to be paid to, 61. copy of notice requiring fire-escape to be filed with. 123. certificate of compliance with fire-escape law to be filed in office of, 124. INDEX. 809 CITY CI. KRK— Continued. copy of notice of revocation under fire-escape law to be filed with. 124. notice of appeal under fire-escape law to be filed in office of, 12G. duties of, respecting appeals under fire-escape law, 12G, 127. board of canvassers to perform what duties of, 129. registration to be before board of canvassers instead of, 130. result of elections to be certified to, 132. to issue certificates of election, 132. duty of, as to result of submission of questions to the people, 132. to notify mayor in case of no election, 132. election returns to be made to board of canvassers instead of. 132. commissioners to divide city into wards to file report and map with. 1.3.5. map of redistricting by board of canvassers to be filed in ofiice of. 136. division of wards filed August 14, 1900, in office of, 13S. certificates of nominations at caucuses to be filed in office of, 157. bj- board of canvassers and registration on recount, 159. to notify secretarv of state of adoption of voting machines, 164. to designate arrangement of ballot caption on voting machine, 167. to be notified by secretary of state of arrangement of ballot captions, 167. to furnish supplies for equipment of voting machine, 169. copy of report and plat under Betterment Act to be filed in oflSce of, 251. to give notice of filing of report under Betterment Act, 254. appraisers of estate surrendered under Betterment Act to report to. 255. CITY COMMITTEE, how constituted, 149. to file names of officers and members, where, 149. powers of, subject to state committee, 149. in existence March 29, 1901, continued in office. 149. of Providence and Newport to hold ollice from first day of January, 149. may make rules for party membership, 149. caucuses to be held on call of, 151. 1.59. chairman of, to be notified of places for holding caucuses, 151, 159. to give notice of date selected for caucus, 151, 159. member of, or candidate for, ineligible to be caucus officer, 152. to appoint caucus ofiicers in case of redivision, 152. vacancy in, how filled, 149. certificate of election of delegates to, 157. tenure of office of, 149, 161. CITY COUNCIL, how composed, 3. to have powers of inhabitants or freemen, 2. may impose penalties for violation of ordinances, 2, 10. in convention, to organize city government, 3. 137. mayor to preside, with casting vote onl}^ 3. presiding officer in absence of mayor, 3, 4. by concurrent vote may remove officers, 12. to exercise legislative powers, 12. members are ineligible to ofiice of profit in gift of, 12. committee of, not to draw against appropriation until vouchers are filed, 13. ordinances of, form of amendment or repeal. 13. city charter not to affect pre-existing laws of, 19. amount paid to employees in public works not to exceed appropriation by, 28. 310 INDEX. CITY COVNCllj— Continued. ' construction and maintenance of sewers to be subject to control of, 28. city tax to be collected in manner ordered by, 5. special meetings of, may be called by the mayor, 8. general legislative powers of, 9, 10. may assess, collect and appropriate taxes, 11. may establish public schools, 11. may provide salary instead of compensation by fees, 11. may provide for returns of fees or moneys. 11. may pass permanent salary ordinance, 11, 12. to see that moneys are not paid unless granted or appropriated, 12. to require bonds from fiduciary officers, 12, 13. to have care and control of city property, 13. to publish annual account of receipts and expenditures, 13. ordinances and regulations of, 13. to appoint time and place for holding town meetings, 19. to determine source of city water supply, 35. to have power of general assembly as to harbor line from Fox Point to India Point, 219, 220. to approve plans for harbor improvement, 225. may provide for payment of city debt in gold or currency, 22. may use for general purposes certain unexpended balances, 23. may charge and collect fees for licenses and commissions, 23, 24. may prescribe rules for use of sewers, 34. may prohibit certain animals from going at large, 57. may declare swine running at large forfeited, 58. may levy tax to reimburse owner of building destroyed to arrest fire, 72. may borrow $300,000 annually for schoolhouses and lots, 82. appropriation to be made therefor, 82. may extend limit of operation of building law of 1843, 87. may adopt voting machines for elections, 163, 164. may grant franchises in highways, 178—180. may regulate use of exclusive rights in streets, 180, 182, 188, 189. may require Union Railroad Co. to substitute one street for another, 182. may require Union Railroad Co. to open new lines of road, 185. may permit operation of street railways by any lawful motive power, 178, 181, 183, 189. may grant rights to street railroad to cross at grade, 185, 190. may authorize contracts between city and railroad companies. 192. may revoke rights of street railways in streets, 199, 200. may regulate operations of Narragansett Electric Lighting Co., 205, 206. may require additional lighting facilities to be furnished, 208. may grant right to build railroad depot above Weybosset bridge, 216. to lay rails over public lauds and watei-s, 217. may fix harbor line from Dorrance street to Sassafras Point, 219. highway not to be established except on request of, 242. grade of platted street, may be defined on request of, 242, 243. board of aldermen to lay out highways on request of, 243, 244, 252. may apply for commissioners to lay out highway, 245, 246. to direct proportion to be assessed under Betterment Act, 248, 253. INDEX. 311 CITY COV'SCI'L— Continued. maj' agree with parties before confirmation of report, 249. may elect to make improvement under Betterment Act, 249, 251, 253, 254. may cause portions of streets to be turfed, 2G0, 261. to regulate sprinkling of streets, 261. authorized to hire .$200,000 for street to Prospect street, 2G3. to hire $150,000 for highway purposes, 264. limitation of power of, to incur indebtedness and to impose taxes, 265. gifts to commissioners of North Burial Ground to be accepted by, 274. authorized to hire .$150,000 for certain parks and parkway. 278, 279. may make ordinances relative to plumbing and drainage, 280--282. may establish pension fund for policemen and firemen, 287. municipal lighting plant to require majority concurrent vote of, 206. appropriation by. for Rhode Island Hospital, 236. for relief of policemen and firemen, 286, 287. for public schools to be subject to order of school committee, 78. for public schoolhouses and lots, $300,000 annually, 82. lands for school purposes may be purchased by, 78. may be condemned by, 80. of the 'year 1900 not affected by redivision of city into wards, 137. caucuses for, to be held within twentj-five days of municipal eleciion, 154. canvass meeting for special caucus to fill vacancy in, 155. separate machines to be used by electors voting for members of, 164. trolley system not to be used without permission of, 186. Cable Tramway Co. may use electricity as motive power by consent of, 190, 191. may make ordinances relative to assize of bread, 9. burial grounds and burial of the dead, 9. chimneys and the cleaning thereof, 0. dealers in junk and second-hand articles, 51. drawbridges. 10. electrical wires, 10. encroachments on river and harbor, 9. fire department, 9. footwalks, sidewalks and conditions in the streets, 9. harbor master. 2l8. landing places, wharves and vessels, 9. lounging on bridges, 10. markets and market places, 9. nuisances, 9. pplice department, 9. property in possession of police, 10. , public health, 9. public shows and exhibitions, 9. public walks and buildings, 9. registration of coupon bonds, 20. return of fees or moneys received, 11. salaries, 11, 12. streets, sidewalks and highways, 9. taverns and places of entertainment, 9. theatres and places of amusement, 9. 312 INDEX. CITY COUNCIL— Co (itinwerf. trees planted for use, ornament or shade, 9. vehicles for hire, 9. aldermen, salary to be fixed by, 12. assessors of taxes, to be elected by, 5. assistant inspectors of plumbing, number of, may be fixed by, 282. salary of, may be fixed by, 282. board of appeal under fire-escape law, salary may be fixed by, 127. board of canvassers and registration, to be elected by, 129. compensation of, 129, 134. board of public works, to have powers of, under Water Act, 28, 29. chief of police, to be elected by, 11. city clerk, to be elected by, 4. to perform duties prescribed by, 4. record of money received, to be open to inspection of, 4. city ofiicers, to be elected by, on first Monday in January, 3. salary may be fixed by, 11, 12. city solicitors, as ofiicers of law department, election or appointment by, 13, 14. city treasurer, salary to be fixed by, 6. may be authorized by, as to sale of city bonds or notes, 22.' commissioner of public works, to report to, 27, 28. ofiicial bond of, may be required by, 31. may have certain powers conferred by, 31. salary may be fixed by, 27. commissioners of sinking funds, may be established by, 20, 21. to report to, 274. councilmen, salary of, to be fixed by, 12. deputy city treasurer, salary of, to be fixed by, 6. appointment of, to be approved by, 6. deputy superintendent of health, to be appointed by, 233. fire commissioners, to be elected by, 72. term of office, duties and compensation to be fixed by, 72, 73. fire department, to be subject to control of, 72. presidents of, to be elected by, 71. harbor master, duties and salary of, 218. hawkers and peddlers, may be licensed by, 49, 50. house of correction, may be regulated by, 53. keeper of, may be elected and removed by, 52, 53. inspector of beef and pork, may be appointed by, 234. inspector of buildings, to be elected by, 91. salary may be fixed bj', 92. inspector of plumbing, to be elected by, 281. law department, may be established by, 13. mayor, salary to be fixed by, 7. municipal court, judge of, to be appointed by, 14. clerk of, to be appointed by, 14. park commissioners, to be appointed by, 277. police court, to have jurisdiction of offences against ordinances of, 15, 16. port wardens, to be elected by, 226. public administrator, to be appointed by, 283, 285. INDEX. 313 CITY COV'SClLr— Continued. recorder of deeds, to be elected by, 4. to perform duties prescribed bj% 5. sidewalk commissioners, powers vested in, 45. powers of, may be delegated by, 45. superintendent of health, to be elected by, 2o3. superintendent of North Burial Ground, to give bond required by, 275. superintendent of public buildings, to be elected by, 6. CITY DEBT, limitation of, without special statutory authority, 205. schedule of statutes authorizing, 206—272. outstanding, to be fulfilled according to its tenor, 20.5. taxation not limited for purpose of paying, 205. CITY' ENGINEER, to be appointed by commissioner of public works. 27. tenure of office of, 27. salary of, how fixed, 27. to examine buildings reported unsafe, 115. duties of, upon receipt of notice of intention to build, 120. CITY ENGINEER'S DEPARTMENT in control of commissioner of public works, 27. CITY GOVERNMENT, in whom vested, 2. organization of, 3, 4. power of city council to make regulations for, 9. CITY HALL loan, 208, 209, 271, 272. CITY MARSHAL, to continue in ofiice until election of chief of police, 47. CITY OFFICERS, annual election of, by city council, .3. mayor to inspect conduct of subordinate, 8. power of city council to appoint, 11. compensated by fees, salaries may be substituted, 11. record of fees received to be kept by, 11. salai.es of, may be fixed by city council, 11, 12. to be elected annually unless otherwise provided, 12. removal of, by city council, 12. to be elected in convention unless otherwise provided, 12. bonds of, to be fixed by city council, 12, 13. to be elected at municipal election in November, 17, 18. liability of, for disregard of Point Street Bridge Act, 41. CITY OF NEWPORT, act relative to political committees and caucuses in, 148-101. CITY OF PROVIDENCE. See also C'ify Council. inhabitants of, incorporated, 1. charter of, 1. government of. in whom vested, 2. organization of government of, on first Monday of .January, 3. power of citj' council to make regulations for government of, 9. authorized to acquire lands and water rights, 34-38. authorized to build Point street bridge, 39, 40. liability of, for disregard of Point Street Bridge Act, 41. maintenance of Washington bridge by, 41, 42. maintenance of Central bridge by, 42. ambulance of, to have right of way, 49. may establish and maintain house of correction. .52. 40 314 INDEX. CITY OF PROVIDENCE — Continued. to pay jailer of Providence county for support of city prisoners, 54. board of aldermen may order disorderly persons to depart from, 54. power of constables to serve civil process in, 70. may take improved or unimproved lands for school purposes, T0--81. divided into two building districts, 89. appointment of commission to divide the, into wards, 135. act relative to political committees and caucuses in. 148--161. historical notes relative to franchises in, 373--17T. authorized to make contracts with railroad companies, 191--193. location of transfer stations to be furnished by, 194. 195. police signal and fire alarm systems not affected by exclusive rights to Electric Lighting Co., 205. not precluded from establishing municipal lighting plant, 206. right of, to purchase business of Narragansett Electric Lighting Co., 207. rate of charge for electric lights furnished to. 209. to become seised of land taken under Betterment Act, 249. payment by, and suits against, for money due under Betterment Act. 250. limitation of indebtedness and taxation of, 265. CITY PROPERTY to be in care and management of city council, 13. schedule of, to be published annually, 13. CITY REGISTRAR, city clerk not to perform duties pertaining to office of, 4. deputy may be appointed in case of disability of, 234. deputy registrar may be appointed in absence of, 234. CITY SERGEANT, mayor may require aid of, 8. commitments to house of correction may be served by, 53. notices of taking of land for school purposes to be served by, 80. orders to improve sanitary conditions to be served by, 232. notice of filing of commissioner's report to be served by, 254. CITY SOLICITOR, election of, as officer of law department, 13, 14. violation of building law to be reported to, 91. CITY TREASURER, to collect taxes in what manner, 5. assessors of taxes to deliver certified copy of tax assessment to, 5. to exercise all powers of collector of taxes, 5. may appoint deputies, 6. to be responsible for deputies, 6. salary of, to be fixed by city council, 6. moneys received by city oSicers to be paid to, 11. fees collected in municipal court to be paid to, 14. to be elected on Tuesday next after first Monday in November, 18. to hold office from first Monday in January, 18. new election in case of refusal to accept office of, 18. death before qualification in office of, 18. duty of, relative to registration of city bonds, 20. authority of, to accept or reject bids for city bonds, 22. to hold and apply receipts from sewer assessments, 25. to pay certain officers of public works department monthly, 28. sewer assessments to be a lien from date certified to, 30. duty of, as to collection of sewer assessments, 30, 31. INDEX. 315 CITY TREASURER— Co>i^i/n/cf7. one-half of forfeitures under Gunpowder Act to be paid to, 66. bonds of constables to be delivered to, 70. cost of removal of combustible material from buildings to be paid to, 74. to be trustee and treasurer of teacher's retirement fund, 8o. to add deductions from pay-roll to teacher's retirement fund, 83. board of canvassers and registration to pay fees to, 184, 137. returns to, of gross earnings of corporations, 179, 183, 187. special tax on gross earnings of certain corporations to be paid to, 171>, 183, 187. returns and payments of Narragansett Electric Lighting Co. to, 207. to pay expense of removal of unsanitary conditions when, 230, 231. duty of, relative to assessments for watering streets, 261, 262. superintendent of North Burial Ground to deposit moneys with, 27.5. bills for maintenance of North Burial Ground to be paid by, 27."). duties of, regarding balances in hands of public administrator, 28.5. on disability of public administrator, 285. CITY TREASURY, moneys not to be paid from unless granted or appropriated, 12. money not to be drawn from, until vouchers are filed, 13. fines for violation of building law to be paid into, 120. CITY WATCHMEN, appointment and removal of, 46. CITY WATER, provisions for introduction and supply of, 34-37. CIVIL ENGINEERS, to be appointed by commissioner of public works, 27. examination and certificate of strength of floors by, 101. survey of unsafe party wall by, 114. CIVIL PROCESS, not to be served by special police constables, 47. constables with power to serve, appointment of, 69, 70. CIVIL WAR loan, 271. CLAIM of jury trial, notice of intention, 251, 252, 254. CLAMPS, stone facing of external walls to be tied to backing by means of metal, 98. CLAPBOARDS, piling of, within certain limits prohibited, 67, 68. CLAY PIPES, use of, as chimneys, how regulated, 103. CLEANING of streets and sidewalks, power of city council over, 9. of chimneys, power of city council relative to, 9. of unsanitary premises, may be compelled, 230, 231. CLERICAL ASSISTANCE to board of canvassers, employment of, 134. CLERK OF BOARD OF ALDERMEN, city clerk to act as, 4. CLERK OF COMMON COUNCIL, election of, 6. engagement in office and duties of, 6. CLERK OF MUNICIPAL COURT, to be appointed by city council, 14. collection and disposition of fees by, 14. to record proceedings therein, 14. may adjourn court in absence or sickness of judge, 14. procedure in case of disqualification of, 15. CLERK OF SUPREME COURT, notice of intention to claim jury trial to be filed with, 254. to give notice of filing of corrected report under Betterment Act, 257. CLOSE DISTRICT, under building law, defined, 89. to include buildings on both sides of boundary street, 90. historical note relative to placing of electric wires underground in 175. 316 INDEX. COAL ELEVATORS, within close limits in outer building district, 90. in second building district, regulation of, 117, 118. COAL HOLES under sidewalk, regulation of, 111, 112. not to be left open or unfastened, 112. application for permit for, 113. » COAL SLIDES in sidewalks, regulation of, 111. COLD-AIR BOX of furnace to be fire-proof, 104. COLLECTION of taxes, power of city council to make, 11. of assessments under Betterment Act, 251. of assessments for watering streets, 262. of taxes to be according to laws of state, 13. and disposition of fees in municipal court, 11. of sewer assessments, 30. of garbage, board of aldermen may make rules for, 232. COLLECTOR OF TAXES, city treasurer to exercise powers and duties of, 5. COLLEGE, protection to life from fire in, 122-128. COLLEGE STREET, Providence Cable Tramway Co. may operate cars in, 188. COLOR of check mark to distinguish party caucuses, 155. COLUMNS of iron under external walls. 98. isolated brick pier to have cap iron or cap stone under, 100. supported by brick wall. or pier, to rest on iron plate or cap stone, 100. supporting wall of masonry, to have footing course of stone, 100. COMBINATION of name of political party with other words, prohibited, 151. COMBUSTIBLE MATERIALS in buildings, inspection by fire department, 73. COMMISSION, acting judge of municipal court to receive, 15. authority for collection of fee for, 23, 24. to divide city into not exceeding twelve wards, appointment of, 135. compensation and expenses of, how paid, 137, 138. report of, dividing city into wards and districts, 138. COMMISSIONER not to draw money from treasury until vouchers are filed, 13. COMMISSIONER OF PUBLIC WORKS, to be appointed by the mayor. 20 27. may employ a secretai-y, 26, 28. city council may fix salary of, 27. to have powers and duties of board of public works, 27. to have control of engineering department, 27. to appoint city engineer and subordinate engineers, 27. to fix salaries of engineers subject to approval, 27. to make reports on bridges, 27, 28. may hire employees in his department, 28. to have charge of construction and maintenance of sewers, 28. power of, to make assessments under Sewer Acts, 29. to prescribe rules for connecting with sewers, 30. sewer assessments to be a lien from dates certified by, 30. to have powers of surveyors and commissioners of highways, 31. to have charge of construction and maintenance of all public bridges, 27. city council may confer powers of construction and maintenance upon, 31. official bond may be required by city council from, 31. connections with sewers, may be built by, 33. may require removal of rubbish from building operations, 94. permit for removal of building to be approved by. 113. INDEX. 317 COMMISSIONER OF PUBLIC WORKS— Co»/i«»(rf. lamp posts not to be disturbed except by consent of. 113. tree not to be cut without consent of, 113. shelter over sidewalk may be removed by, when, 122. may remove obstructions on layout of highway. 244. authority of, relative to trees in the highway, 259, 200. may be authorized to water the streets, 261. powers of, not abridged by Street Watering Act. 2(>2. COMMISSIONERS OF ESTIMATE AND ASSESSMENT, appointment, 245, 246. duties of, under Betterment Act. 240--248. action of Supreme Court on report of, 248, 249. to file copy of report and plat in city clerk's office, 251. fees and expenses of, to be paid by city, 251. appeal from report of, 251, 254. to assess what proportion of loss and damage. 248, 253. appeal from recommitted and corrected report of, 257, 258. COMMISSIONERS OF FIRE DEPARTMENT to be elected by city council, 72. term of office, duties, compensation of, to be fixed by city council, 72, 73. powers of, to inspect and remove combustible material in buildings. 73. 74. COMMISSIONERS OF HIGHWAYS, commissioner of public works to have pow- ers of, 31. office of. terminated by election of board of public works, 31. COMMISSIONERS OF NORTH Bi:rRIAL GROUND, how constituted. 276. trust funds may be conveyed or devised to. 273, 274. not exempted from application for debts of settler. 274. not to take effect until accepted by city council, 274. surplus of, to be applied to general improvement, 274. to keep accounts, and report annually to city council, 274. to transfer perpetual care funds to commissioners of sinking funds. 275. to serve without compensation, 274. commissioners of sinking funds to pay income to, 275. bills to be approved by. 275. COMMISSIONERS OF PARKS, may be appointed by city council, 277. COMMISSIONERS OF SIDEWALKS, powers of, 43--45. powers of. vested in city council, 45. may be delegated by city council. 45. delegated. See Rei:ised Ordinances of 1899, page 119. COMMISSIONERS OF SINKING FUNDS, authority to establish board of, 20, 21. to have powers of trustees of former sinking funds, 21. duties, as to perpetual care funds, 275. COMMISSIONERS OF WATER, office of, terminated by election of board of public works, 31. COMMITMENT of prisoners by police court, 16. to house of correction, form, service and record, 53. by whom, and for what offenses, 53, 54. to prison for refusal to leave the city on order. 55. of vagrants or disorderly persons, 56. CO^NIMITTEE, not to draw money from treasury until vouchers are filed, 13. COJIMITTEE ON EDUCATION, chairman of, to be member of school committee. 76. 318 INDEX. COMMITTEE ON NORTH BURIAL GROUND, approval of bills by, 275. chairman of, to be commissioner of North Burial Ground, 276. COMMON CARRIER, obligation of Union Railroad Co. to act as, 185. COMMON COUNCIL, number of members of, to be forty, 2. is part of city council. 3. to attend at organization of city government, 3. members of, to be engaged in office by the mayor, 3. members of, to sit and act together, 6. to choose annually a president and a clerk, 6. council clerk to perform duties prescribed by, 6. rule in, for entering yeas and nays on journal, 6. may determine the rules of its proceedings, 7. may judge of elections of its own members, 7. may, in certain cases, order new elections, 7. majority of members to be quorum of, 7. special meetings of, may be called by the mayor, 8. duty of mayor to communicate by messages to, 8. matters requiring concurrent action of. to be presented to mayor, 8. to have negative, in legislative matter, on board of aldermen, 12. committee or commission of, not to draw for money until vouchers are filed, 13. may require reports on bridges from commissioner of public works, 27, 28. president of, to be ex-officio member of school committee, 76. COMMON COUNCILMEN to attend at organization of city government, 3. engagement in office by the mayor, 3. city clerk's record of moneys received to be open to inspection of, 4. vacancy in office of. may not be filled by city council, 12. salary of, to be fixed by city council, 12. to receive no other emolument or compensation. 12. to be ineligible to office of profit in gift of city council. 12. to be elected Tuesday next after first Monday in November, 17, 18, 137. to hold office from first Monday in January, 18. to be qualified voter and resident of ward, 18. new election in case of vacancy in office of, 7. of refusal to accept office of, 18. death before qualification in office of, 18. separate machines to be used by electors qualified to vote for, 164. COMMON PLEAS DIVISION, appeal from police court to, 17. appeal from taking of land for school purposes to, 81. COMMON PROSTITUTES, to be deemed vagrants, 55. to be deemed disorderly persons, 55, 56. COMMON SHOWMAN to be deemed disorderly person. 56. COMPENSATION of mayor to be fixed by city council, 7. of aldermen and common councilmen to be fixed by city council, 12. of chief of police to be fixed by city council, 11. of city officers may be fixed by citj' council, 11. by fees may be replaced by salary, 11. beyond salary prohibited, 7, 12. of city treasurer, to be fixed by city council, 6. of commissioner of public works to be fixed by ordinance, 27. INDEX. 319 COMPENSATION— C'o«/nn/cf/. of officers and employees in public works department, how fixed and paid, 28. of fire commissioners, 72. of engineers, to be fixed bj- commissioner of public works, 27. assessments from, for teacher's retirement fund. 83. of inspectors of plumbing, to be fixed by city council, 282. of inspectors of buildings may be fixed by city council. 92. of board of appeal under fire-escape law, 127. of board of canvassers and registration, 129, 134. of assistants to board of canvassers and registration, 134. of wardens, clerks and supervisors, 13G. of harbor master, city council may pass ordinances relative to, 218. limitation on increase or diminution of, 12. commissioners of North Burial Ground to serve without. 274. for damages from abandonment of highway, 258. COMPLAINT AND WARRANT, proceedings in police court to be commenced by. 16. fines and penalties to be recovered in police court on. IG. police court may take recognizance of, 16. justices of police court may vary form of. IG. 17. prosecutions for unwholesome provisions to be by. 230. for unsanitary conditions to be by, 2.30. •CONCERTS, appropriation authorized for band, 24. CONCRETE, foundations of permsment buildings may rest upon. 94. for cellar bottom of dwelling house or hotel on made land, 9.5. CONCURRENCE, matters passed in, to be presented to mayor, his veto power, 8. CONCITRRENT VOTE to be presented to mayor, his veto power. 8. city council may remove oflScers by, 12. legislative powers of city council to be exercised by. 12. justices of police court to be elected by, 15. keeper and officers of house of correction, may be removed by, 53. park commissioners to be appointed by, 277. CONDEMNATION of lands for school purposes, 79-81. highway under Betterment Act not affected, when, by defect in, 256. CONDITIONS of recognizance in police court. 16. may be imposed on discharge of prisonei-, 56, 57. of discharge, recommitment of persons failing to fulfill. 57. CONDUCT of city affairs, in whom vested, 2. of subordinate officers, mayor to inspect, 8. of elections, paraphernalia for, 135. CONDUCTORS for water, from bay or oriel window, construction of. 102. CONDUITS, penalty for injury to city, 37. of Providence Telephone Company, historical note concerning. 17G, 177. in streets, exclusive right to use, may be granted, 178. use of, may be regulated by city council, 180. CONFINEMENT at house of correction to be according to sentence, 54. CONFIRMATION of report of commissioners of estimate and assessment, 248. damages to be paid within four months after, 250. CONNECTIONS with sewers, receipts for, must be applied to sinking fund, 25. with sewers, assessment for sewer gives right of, when, 30. may extend inside of curb line, 33. 320 INDEX, CONSENT of mayor and aldermen to appointment and removal of police officers, 46. of owners, highway may be established on, 240, 241. CONSIGNEE of vessel, to pay expense of survey by port warden, 228. CONSOLIDATED ROAD, historical note relative to franchise of, 177. CONSTABLES, mayor may require aid of, 8. may serve process from municipal court, 14. may serve process from police court, 17. appointment and removal of police, 4G. special, appointment of, for not more than three days, 47. to have powers of constables except civil process, 47. commitments to house of correction may be served by, 53. with power to serve civil process, appointment of, 09, 70. removal and revocation of, 70. appointed by board of aldermen, powers of, 70. appointed otherwise, powers of in Providence, 70. CONSTITUTION, members of city council to be engaged to support the. 3. election officers to be able to read the, 136. arrangement on voting machine of propositions to amend the, 1()7, 168. CONSTRUCTION of theatres, powers of city council relative to, 9. of bridges, commissioner of public works to have charge of, 27, 31. of buildings to conform to building law, 92. of sewers and drains, 28. of school buildings, city council to expend appropriations for, 78. CONTAGIOUS DISEASE in dwellings, duty of superintendent in case of, 230, 231. contract with Rhode Island Hospital for care of, 236, 237. CONTEMPT, city courts may punish for, 14, board of canvassers and registration may punish as for, 133, police court may punish for, 16, CONTINUANCE of complaint, police court may take bail upon, 16. CONTRACTS between school committee and trustees of normal school authorized, 78. relative to franchises in streets, 178-180. between city and railroad companies authorized, 191--193. of city to be fulfilled according to their tenor, 265. with Rhode Island Hospital may be made by mayor, 236, 237. respecting land taken under Betterment Act, how treated, 249. CONTRIBUTION may be enforced by life tenant paying sewer assessment, 32, 33. CONVENTION, meetings in, for organization of city government, 3. meetings in, for election of officers, 3. presiding officer at, 3, 4. city clerk to be elected in, 4, assessors of taxes to be elected in, 5. superintendent of public buildings to be elected in, 6. elections, unless otherwise provided, to be in, 12, inspector of buildings to be elected in, 91, members of board of canvassers to be elected in, 129, political, to be held in accordance with Caucus Act, 151. vacancy, how filled, in office of delegate to, 1.56, secretary of, to be notified of vacancy in delegation, 156, adjournment of caucus on failure to elect majority of delegation to, 157. certificates of election of delegates to, 157. INDEX. 321 CONVENTION— Continited. superintendent of health to be elected in, 233. inspector of plumbing to be elected in, 281. CONVEYANCES, city clerk not to discharge duties of town clerk in recording of, 4. to be recorded by recorder of deeds. 4, 5. COOKING RANGES, regulation of, 305. COOK SHOPS, powers of city council relative to, 9. COPIES of records to be furnished by recorder of deeds, 5. certified, of record, to be furnished by justices of police court, 16. board of canvassers and registration to collect fees for, 133, 134. of voting lists, board of canvassers to furnish certified, 134, 137. for caucuses, board of canvassers to certify and deliver, 155. of report and plat under Betterment Act to be filed in city clerk's ofiice, 251. COPING of party walls, construction of, 99. CORBELLING, thickness of walls when floor joists rest on brick, 97. to be well bonded into walls, 97. of party walls, construction of, 99. gutter stone on end of party wall to be equivalent to, when. 99. • CORNICE, party wall to be corbelled to outer edge of, 99. of stone, to be balanced firmly on wall, 98. incombustible nature of, original and when replaced, 102. CORPORATIONS exempt from taxation, are liable under Sidewalk Act, 44, 45. grants of exclusive rights in streets to, 178--180. CORPSE, of human being dying within city, burial of, 276. CORRECTION, of report of commissioners of estimate and assessment, 257. CORRECTION, HOUSE OF, powers of mayor under acts relating to, 8. police court may commit to, 16. keeper of, and other oflicers, election and removal of, 52, 53. city council may establish rules for government of, 53. to be deemed a common jail within statute of habeas corpus, 53. commitments to, form, service and record of, 53. may be to county jail until establishment of, 53, 54. CORRIDORS, construction for lighting and ventilation of, 110. COSTS, taxed by police court to be part of sentence, 17. on police court appeals, how disposed of, 17. on delinquent payment of sewer assessment, 31. surety for, chief of police need not give, 47. deputy chief of police, in absence of chief, need not give, 47. of prosecution, imprisonment on default of payment of, 56. of removal of combustible material from buildings, 74. of rebuilding party wall, how apportioned, 114. of repair of unsafe building, when to be a lien, 115. on appeal from order to repair unsafe building, 116. on appeal under fire-escape law, 127. of arbitration between city and electric lighting company. 210. on discontinuance of proceedings under Betterment Act, 251. on appeal under Betterment Act, how taxed, 252. on appeal from assessment for watering street, 262. COTTON WASTE, penalty for unlawful storage of, 59. 41 822 INDEX. ■COUNCIL. See City Council; Common Council. COUNTING OF BALLOTS, by board of canvassers and registration, 131, 132. candidate may be heard for or against, 132. penalty on board of canvassers for false, 133. by election officers, 136. when voting machines are used, 171. by caucvis officers, 157. COUNTY JAIL, PROVIDENCE, police court may commit to. Id. commitment to, may be made by whom and for what offences, .53, 54. imprisonment in, for default of fine and costs, 5G. keeper of, payments to, for support of city prisoners, 54. COUPON BONDS, city council may provide for registration of, 20. COURSE, foundation walls to rest on proper base or footing, 95. in brick walls every ninth course to be a heading, 98. good, hard, perfect brick to be used for heading, 98. footing, of pier or column supporting masonry, 100. COURTS, power of city to establish, 2. judicial powers of the city to be exercised by two, 14. CREDENTIALS of aldermen and common councilmen, 3. CROSSING of street railways at grade, how regulated, 185. CROSS TOWN railways, contracts with railroad companies may provide for, 192. CROSS WALLS, thickness of bearing walls without, 97. CURBING, connections with sewers may be extended inside the, 33. CURRENCY, city council may pay city debt in. 22. CUSTODY of city property to be in the city council, 13. of school property vested in school committee, 77. CUTTING of trees forbidden without consent of commissioner, 113. DAMAGES, release of, as condition of right to connect with sewer, 30. for injury arising from prohibited use of sewer, 34. for lands and water rights taken for city water works how recovered, 36. may be recovered for injury to water works, 37. to lands owned in different interests, assessment and apportionment of, 38. to harbor, power of city council to regulate, 9. resulting from illegal storing of lime, penalty for, 67. for injuries to Point street bridge, 41. on appeal from condemnation of land for school purposes, 81. from explosion of gunpowder illegally kept, 64. to buildings, to be examined by inspector of buildings, 91. arising from coal hole or sidewalk vault, responsibility for, 112. from moving of building to be repaired by mover. 113. from rebuilding party wall, how apportioned, 114. on appeal from order to repair unsafe building, 116. for injury resulting from absence of fire-escape, 125. to goods on board vessel, duty of port wardens to examine, 226-228. under Betterment Act, how estimated and assessed, 247. how reported to supreme court, 247, 248. jury trial on, 248. INDEX. 3:^3 VAyi AGES— Continued. under Betterment Act may be settled by agreement, 249. difference between report and verdict, how paid, 249. when to be paid and how to be sued for. 250. costs of jury trial on appeal, how taxed, 252. what proportion of. to be assessed. 248, 253. on abandonment of highway, 258, 259. for injury to trees by animals, action for. 260. DAMPNESS in tenement houses to be prevented, 110. DAMS for purposes of water supply, power of city to make, 35. DANCING, exhibitor of wire or rope, to be deemed disorderly person, 50. DATE of ward meetings, city clerk to give notice of, 17. for holding caucus, to be notified by city committee, 151. of holding town meetings to be appointed by city council, 19. DAY SCHOOLS, children of school age required to attend, 79. I)AY TIME, coal hole not to be left open or unfastened during. 112. DEAD, powers of city council to regulate burial of the, 9. DEAD BODY, of human being dying within the city, burial of, 276. DEALING in junk or second- hand articles, license for, 51. DEATH of mayor, president of board of aldermen to act, 3, 4. new election in case of vacancy in office by, 7. before qualification in office, new election in case of, 18. of chief of police, deputy chief need not furnish surety for costs in case of, 47. resulting from absence of fire-escape, damages for, 125. DEBT of city, limitation of, without special statutory authority. 265. schedule of statutes authorizing, 266-272. outstanding, to be fulfilled according to its tenor. 205. public administrator may sell real estate for payment of, 284. DEBTS, gifts to North Burial Ground not exonerated from, 274. DECEMBER, organization of school committee on first Tuesday in. 77. term of office of school committee to begin on first Tuesday in, 137. DECENCY, penalty for intoxication in violation of, 50. DECLARATION of result of elections. 131. 132. of result of elections by voting machines. 171. as public highway, of layout under Betterment Act. 252. DECREASE of salary, limitation of. 12. DECREES of municipal court to be recorded. 14. abandoning highways, appeals from. 259. DEDUCTIONS to be made from salaries for teachers' retirement fund, S3. DEED, trust for care of lot in North Burial Ground may be created by, 273. DEEDS, RECORDER OF, to be elected by city council, 4. general duties of, 4, 5. description of land taken for school puri^oses to be recorded by. 80. Deputy, may be appointed and removed by mayor. 5. DEFACING of Point street bridge, penalty for, 41. DEFAULT in payment of fine and costs, imprisonment for. 56. DEFECT in construction or care of coal hole or sidewalk vault, liability for. 112. in condemnation proceedings, not to affect layout of highway, when. 256. DEFICIENCY of sewer receipts to be made good by city council, 25. 324 INDEX. DEFINITION of words and phrases used in building law, 90, 9L of words and phrases used in caucus law, 148. in voting machine law, 166, 167. of grade for platted way, on request, 242, 243. DELEGATE to convention, candidate for, ineligible as causcus officer, 152. elected at caucuses, to be voted for by ballot. 153. to convention, vacancy in ofBce of, how filled, 156. adjournment of caucus on failure to elect majority of, 157. caucus warden to deliver certificates of election to, 157. DELIVERY of voting lists by board of canvassers, 129. of election returns to board of canvassers, 132. of ballot boxes and supplies to caucuses, 155. DEMAND for jury trial under Betterment Act, 251, 252, 254, 257. , DEPARTMENT of protection from fire, 71--74. of health, 229-237. of police, 46-70. of public works, 26-45. of schools, 75-84. DEPENDENTS of firemen and policemen, appropriations may be made for, 286. DEPOSIT of building materials or rubbish in street prohibited, 94. DEPOT, on land covered by public waters above Weybosset bridge, 216. DEPUTY CHIEF OF POLICE need not furnish surety for costs, 47. DEPUTY CITY REGISTRAR, may be appointed by board of aldermen, 234. DEPUTY CITY TREASURER, may be appointed by city treasurer, 6. to give bond, 0. salary of, to be fixed by city council, 6. DEPUTY RECORDER OF DEEDS, may be appointed by the mayor, his duties, 5. may be removed from oflice by the mayor, 5. DEPUTY SHERIFF, mayor may require aid of, 8. DEPUTY SUPERINTENDENT OF HEALTH, city council may appoint, 233. DESCENT, gifts under North Burial Ground Act, how far subject to laws of, 274. DESCRIPTION of land taken for schoolhouses to be filed, 80. copy of, to be served on owner of land taken, 80. , to be published in newspapers, 80. to be set forth in report under Betterment Act, 248. DESIGNATION of polling places, 135, 136. of day for holding caucus, 151. of party columns on ballot captions, 167. DESTRUCTION of buildings in order to arrest fire, 71, 72. of trees in highway, action for damages for, 260. DETERMINATION of result of elections, 131, 132. DEVICE for gaming, keeper of to be deemed disorderly person, 56. DEVISE for care of lot in North Burial Ground, 273, 274. DEXTER ASYLUM, town meeting for management of, 18, 19. DEXTER DONATION, provisions for management of, 18, 19. DEXTER TRAINING GROUND, appropriations authorized for concerts on. 24. DIAGRAM, definition of, in voting machine law, 166, 167. by whom furnished and how used, 169. penalty for wilfull injury to, 172. DICE TABLES, keeper of to be deemed disorderly person, 5<). DIMINUTION of salary, limitation on, 12. INDEX. 325 DIRT, prejudicial to health, removal of, 230, 231. DISABILITY of mayor, president of board of aldermen to act, 3, 4. new election in case of vacancy in office by, 7. of chief of police, deputy chief need not furnish surety for costs in case of, 47. of inspector of buildings assistant inspectors to act, 92. of inspector of plumbing, assistant inspector to act. 282. of .judge of municipal court, acting judge may be appointed in case of, 15. DISCHAIvGE of offenders, power of mayor to order, 8, 9. 57. of prisoners by board of aldermen, 56, 57. of lease of land taken under Betterment Act. 249, 250. DISCONTINUANCE of actions by the mayor, 8. of certain highways formerly private ways, 239. of proceedings under Betterment Act, 251.- DISCpi'NT on sewer assessment .for anticipated payment, 31. DISEASES, regulation for prevention of, 230. 231. mayor may contract with Rhode Island Hospital for care of certain. 236, 237. DISINFECTANTS, cleansing of unsanitary premises by means of, 2.30. DISORDERLY PERSONS, powers of city council relative to security from. 9. chief of police may enter buildings resorted to by, 48. who deemed to be, 56. may be committed to prison, 56. DISPOSITION of property in hands of police. 10. DISSOLUTE PERSONS, power of mayor to commit to prison for prosecution, 7. chief of police maj' enter buildings resorted to by, 48. DISTRIBUTION of city water within and without the city, 35, 37. gifts under Noi'th Burial Ground Act. how far subject to laws of. 274. DISTRICT CLERKS, electea by t^^e people, office of. abolished. 136. board of canvassers to perform what duties of, 129. to make returns to board of canvassers instead of to city clerk, 132. appointment of by board of canvassers and registration, 136. powers, liabilities and duties of, 136. compensation of. vacancy among, how filled. 136. 137. caucus clerks to have powers of, 152. duties of, if voting machines are used in elections. 166. 169. 171. DISTRICT COURT, costs in police court to be same as those taxed by. 17. DISTRICTS of city under building law, 89, 90. city may change lines of building, 90. may block out close limits in outer building, 90. close building, to include both sides of bounding street, 90. regulation of wooden buildings in first and second, 117, 118. voting, preparation of voting lists for, 129. appointment of commission to divide city into voting, 135. report of commission dividing city into voting, 138. maximum and minimum number in voting, 135, 136. polling places in to be designated by board of canvassers, 135. 136. wardens, clerks, and supervisors in. 136, 137. caucus clerks to be qualified electors of, 152. vacancy in office of caucus warden or clerk by removal from, 152. DISTRICT WARDEN, elected by the people, office of, abolished, 136. to make return to board of canvassers instead of city clerk, 132. appointment of, by board of canvassers and registration, 136. 326 INDEX. DISTRICT WARDEN— C'oHfiHiu*/. powers, liabilities and duties of, 136. compensation of, vacancy among, how filled, 136, 137. caucus wardens to have powers of, 152. to exhibit interior of ballot box before voting begins, 153. duties of, if voting machines are used in elections, 166, 169, 170, 171. DIVERSION of water of city water supply, penalty for, 37. DIVIDENDS by Narrangansett Electric Lighting Co., hoAV regulated, 209. 210. DIVISION of city into wards by city council, obsolete, 17, note. of wards into voting districts by board of canvassers, 135, 136. of city into wards and voting districts, 135, 138. DIVISION WALLS of brick or stone not to rest on wooden supports, 99. in second building district, 118. DOCKET to be kept of cases in police court, 16. DOCKS, harbor improvement loan may be used for building of, 225. DOCUMENTS of election officers to be returned to board of canvassers, 132. to be delivered by city clerk to successor in office, 4. board of canvassers and registration may compel production of, 133. DONATION, provisions for management of Dexter, 18, 19. may be received for teachers' retirement fund, 83. DOORS, in streets, powers of city council relative to, 9. in sidewalks, powers of sidewalk commissioners to remove, 43. to the roof, buildings to be provided with, 103. of boiler rooms, construction of, 106. of hoistways not inclosed, 107. leading from places of assembly, width of, 109. DOORWAYS in party walls of buildings in second district, 118. DORMITORIES, construction for ventilation of, 110. DORRANCE STREET, city council may fix harbor line between Sassafras Point and, 219. DORRANCE STREET WHARF, structure at end of, may remain until rebuilt, 225. DRAINAGE, compulsory connection of, with sewers, 235. city council may make ordinances relative to, 280, 281. DRAINS, in streets, powers of city council relative to, 9. construction and maintenance of, 28. connected with water works, penalty for injury to, 37. DRAWBRIDGES, power of city council to regulate, 10. in Point street bridge, how constructed and maintained, 40. regulations for management of, 40, 41. penalty for obstructing, 41. in Washington bridge, to be maintained by city, 42. DREDGING, harbor improvement loan to be applied for necessary, 225. DRIFTWAY, rights of owner of abutting land on abandonment of, 258, 259. DRILL ROOMS, construction of roofs and floors of, 101. DRIVEWAYS in parks, city authorized to hire money for, 278, 279. DRIVING on turfed portions of streets, penalty for, 261. DRUNKARDS, habitual, to be deemed vagrants, 55. to be deemed disorderly persons, 56. DRUNKENNESS, penalty for, 56. DUCTS of Providence Telephone Co., historical note concerning, 176, 177. exclusive right in streets to use, may be granted, 178. INDEX. 327 DUTIES of inhabitants of Providence, 2. of office, members of city council to be engaged before entering upon, 3. of mayor, how exercised in his absence, 3, 4. power of mayor to prosecute for violation of. 8. of chief of police may be prescribed by city council, 11. of city officers may be defined by city council, 11. relief of firemen and policemen injured in discharge of, 286, 287. DWELLING HOUSES, not subject to inspection for inflammable materials, 74. on made land, covering of cellar bottoms of, 95. thickness of foundation and other walls for, 95, 96. construction of roofs and floors of, 101. not over twenty-five feet high, thickness of external walls of brick, 107. not required to maintain fire extinguishing apparatus, 107. tenement and lodging houses to conform to i-equirements for, 110, 111. in second building district, regulation of, 117--119. port wardens to examine in, goods damaged on board vessels, 227. EARNINGS of corporations having franchises, note as to tax on gross, 173--177. corporations to make quarterly return of gross, 179. 183, 187. how ascertained in different cities and towns, 179, 184. street railway companies to pay to state an annual tax of one per centum of gross, 197. 200, 201. Narragansett Electric Lighting Co. to pay to city tax on gross, 207, 208. EAST PROVIDENCE, maintenance of Washington bridge by, 41, 42. EDUCATION, committee on, chairman of, to be member of school committee, 76. of children in Rhode Island normal school, provision for. 78. EIGHTH WARD and districts, boundaries of, 144, 145. ELECTION of aldermen, 3, 17, 18, 137. of common councilmen, 3, 17, 18, 137. of assessors of taxes, 5. of assistant inspectors of buildings, 91, 92. of assistant inspectors of plumbing, 282. of board of canvassers and registration, 129. of caucus clerk and caucus warden, 152. of caucus officers pro tempore, 153. of chief of police, by city council, 11. of city clerk, 4. clerk of the common council, 6. of commissioner of public works, 27. of commissioners under Betterment Act, 245, 246. of committee to lay out highways, 243. of constables with power to serve civil process, 69. 70. of deputy recorder of deeds, 5. of inspector of buildings, 91. of inspector of plumbing, 281. of members of school committee, 77, 137. of municipal officers, counting of ballots cast at, 131, 132. of officers to be annual, unless otherwise provided, 12. 328 INDEX. ELECTION— Coniinwed. of officers to be in conventiou unless otherv/ise provided, 12. in convention on first Monday in January, 3. of other city officers, 11. of park commissioners, 277. of persons to collect and remove garbage, 232. of police constables and city watchmen, 46. of president, and president pro tempore, of board of aldermen, 3, 4. of president of common council, 6. of recorder of deeds, 4. of undertakers by board of aldei'men, 276. of watchmen and police constables, 46. of its own members, each board may judge of, 7. city clerk to issue certificates of, 132. proceedings in case of no, 132. in case of new, 132. supervisors of, to make return to board of canvassers instead of city clerk, 182. record of, to be returned to board of canvassers, 132. to be delivered to city clerk, 133. penalty on board of canvassers for false determination of, 133. paraphernalia for conduct of, to be furnished by board of canvassers, 135. officers of, appointment, powers, duties and obligations, 136, 137. of state committee, 148. of ward committee, 149. canvass meetings for, where to be held, 130. special, to fill vacancy in city council, canvass meeting for caucus of, 155. at caucus to be by plurality vote, 156. form of return for caucus to be substantially in form of return for, 157. at caucuses, certificates of, 157. each board may, in certain cases, order new, 7. penalty under laws of, apply to violations of Caucus Act, 160. 161. act i-elating to use of voting machines at. 162--172. application of law of, to elections by voting machine, 171. by city council to proceed under Betterment Act, 249, 251, 253, 254. ELECTIVE OFFICE, meaning of in Caucus Act, 148. ELECTORS, to hold municipal election in November, 17, 18. for aldermen and councilman, qualifications of, 18. election by, of members of school committee, 77, 137. of the city, counting of ballots cast for questions submitted to, 131, 132. registration and canvassing of. by board of canvassers, 129. maximum and minimum number of, in voting districts, 135, 1.36. to elect ward committee, 149. right of, to participate in caucus, and to sign nomination ])aiiprs, 1,50, 1.56. to elect caucus warden and caucus clerks, 152. may call caucus to order and preside, when, 153. at caucus, procedure when challenged, 156. to be entitled to certified copy of caucus check list on payment of fee, 158. penalties on, for illegal voting, 160. minimum number of voting machines to be used in elections by, 164. INDEX. 329 ELECTORS— C'c<>iEKS of fire department, power to remove combustible material, 73, 74. ME^IP.ERS-ELECT to city council, to deliver credentials to mayor, 3. MEMBERSHIP in school committee, qualifications for, 75. ex-ofEcio of school committee, 76. of political party, rules for determining. 149. MENDING of streets anu sidev^alks, power of city council over, 9. MERCHANDISE, sale of in streets, may be regulated by ordinance, 49, 50. damaged on board vessel, dutj' of port wardens to examine, 227. MESSAGES to city council, duty of mayor to send, 8. METALS, license for dealing in old, 51. wood may be used for coping of a party wall if covered with, 99. MILKMEN exempted from regulation as peddlers in streets, 50. MILLS, construction of roofs and floors of, 101. to have fire-proof stairway partitions, 107, 108. fire-escapes may be required on, 117. MINORS, allowed one year in which to pay assessment under Betterment Act. 251. MINOR STATIONS, for transfer of passengers, authorized. 194. MISCHIEF, power of mayor to commit to prison for, 7. MITTS, sale of, in street, exempted from license fee, 50. MONEYS received, city clerk to keep record of, 4. received by city ofiicers to be paid to city treasurer, 11. not to be paid from treasury unless granted or appropriated, 12. not to be drawn from treasury before vouchers are filed, 13. derived from police court appeals, how disposed of, 17. may be borrowed for state tax due June fifteenth, 21. for new schoolhouses and lots, 82. payable to city, certain corporations not relieved from. 183. 189, 192. 193. 199, 206. due under Betterment Act. when to be paid and how to be sued for. 250. limitation of authority of city to hire, 265. received by superintendent of North Burial Ground, 275. M0NU:MENT. in North Burial Ground, care of, 273, 274. MOORING of vessels, power of city council to regulate. 9. MORTAR, use of, in building of brick or stone walls. 94. ♦ backing of stone faced walls to be laid in, 98. to be of best quality for purpose for which used, 99. MORTGAGE BONDS of Union Railroad Co., 181. of Narragansett Electric Lighting Co., 203. MOTIVE POWER, railroad companies in streets may operate by any, 178, 181, 183, 188. 189. in streets, except animals, to be approved by city council, 186. Providence Cable Tramway Co., may use electricity as, 190, 191. MOUNTEBANK to be deemed disorderly person, 56. MOVING of buildings in the street, regulation of. 113, 114. MUNICIPAL AFFAIRS, administration of, in whom vested, 2. 352 INDEX. MU^■ICIPAL COURT to be oue of the city courts, 14. may punish for contempt, 14. organization, jurisdiction, and procedure of, 14. power of, to commit to house of correction, or to jail, 53, 54. right of public administrator to administer to be satisfactory to, 283, 284. duties of, regarding balances in hands of public administrator, 284. 285. Clerk of, appoinment, powers, duties, and compensation of, 14. procedure in case of disqualification of, 15. Judge of, appointment, powers, and duties of, 14, 15. procedure in case of disqualification or disability of, 14, 15. MUNICIPAL ELECTION, members of school committee to be elected at. 77. 137. aldermen and councilmen to be elected at, 17, 18, 137. to be held on Tuesday next after first Monday in November, 17, 18. 137. city council caucuses to be held within twenty-five days of, 154. MUNICIPAL INDEBTEDNESS, limitation of, without statutory authority, 265. schedule of statutes authorizing. 2G6--272. outstanding, to be fulfilled according to its tenor, 265. taxation not limited for purpose of paying, 265. MUNICIPAL LIGHTING, by city, conditions of establishing, 206. 207. MUNICIPAL YEAR, limitation of increase or diminution of salary during, ]2. unless otherwise provided, offices to be held during, 12. unless otherwise provided, vacancies to be supplied for, 12. MUSICIANS, itinerant, to be deemed disorderly persons, 56. NAMES, election officers to be able to write their own, 136. of political parties not to be used in combination with other words, 151. of caucus candidates, to be on one ballot, 154. and residence of voter to be written on challenged ballot, 156. of parties to be reported by commissioners of estimate and assessment, 247. NARRAGANSETT ELECTRIC LIGHTING CO., historical note relative to fran- chises of, 175, 176. may issue mortgage bonds to amount of one million dollars, 203. to have exclusive rights for twenty years, 204. regulation of, by city council, 205, 206. not relieved from tax due city, 206. right of city to purchase business of, 207. to make quarterly returns of, and pay tax on gross earnings, 207, 208. may be required to furnish additional lighting facilities, 208. not to increase rate of charge for services, 208, 209. rate to be charged by, for electric lights furnished to city, 200. restriction of dividends and application of surplus of, 200, 210. NAYS AND YEAS to be entered on journal of either board, Avhen, (5. NEAT CATTLE going at large between certain hours prohibited, .jS ; penalty, 50. NEGATIVE on joint action, each board to have, 12. NEGLIGENCE, power of mayor to prosecute for, 8. NETTIN(t, protection of woodwork from heating apparatus uy means of, 106. NEW ELECTION of aldermen and councilmen in case of vacancy, 7. of aldermen and councilmen, in case of refusal to accept office, 18. in case of death before qualification, 18. INDEX. 353 NEW EIjECTIO^ -Continued. of general city officers in case of refusal to accept, 18. in case of death before qualiflcation, 18. proceedings in case of, 132. NEW HAVEN RAILROAD COMPANY, historical note relative to, 177. NEWPORT, power of city marshal of, to enter houses, 48. act relative to political committees and caucuses in, 148--161. NEWSBOYS may be regulated by board of aldermen, ()8, 69. NEWSPAPERS, publication of ordinances, rules, and regulations, required in, 13. city clerk to give notice of ward meetings in, 17. publication in, of notice to build or repair sidewalks, 43, 44. condemnation of land for school purposes to be published in, 80. publication in, of notices required under building law, 119. call for caucus to be published in, 151. notice in, of layout of highways by consent or on petition, 240, 241. application for commissioners under Betterment Act to be published in, 246. notices under Betterment Act to be published in, 246, 251, 254, 257. notice of intention to abandon highway to be published in, 258, 259. NEW YORiv, NEW^ HAVEN AND HARTFORD R. R. CO., note relative to, 177. NEXT OF KIN may administer estate' instead of public administrator. 284. NIGHT, light to be placed on building material or rubbish in street, during, 94. red lights to be hung on buildings in street during, 114. NINTH WARD and districts, boundaries of, 145, 146. NOMINATION at caucus to be by plurality vote, 156. caucus warden to give candidates notice of, 157. NOMINATION, CERTIFICATES OF, caucuses not to be held within two days of day for filing, 151. NOMINATION PAPERS, signing of, as affecting right in caucus, 150, 156. rejection of names of disqualified electors from, 150. for ward and district candidates, to be signed by not less than fifty, 150. for candidates to city council, eligibility to sign, 154. NORMAL SCHOOL, school committee authorized to contract with trustees of, 78. NORTH BURIAL GROUND, provision for care of burial lots in, 273, 275. act relating to. may be amended or repealed, 274. surplus of income to be applied to general improvement of, 274. payment of bills for maintenance of, 275. Commissioners of, powers and duties of. 273-276. Committee on, approval of bills by, 275. Superintendent of. may be required to give bond, 275. NOTES of city, limitation of, without special statutory authority, 265. outstanding, to be fulfilled according to their tenor, 265. taxation not limited for purpose of paying, 265. schedule of statutes authorizing, 266--272. NOTICE of fire, removal of electric wires liable to interfere with, 10, 11. of ward meetings to be given by city clerk, 17. to build or alter sidewalk, 43. to remove combustible materials from buildings, 73, 74. to owner of land taken for school purposes, SO. to mayor of appeal from taking of land for school purposes, 81. right of appeal in case of failure to receive, 81. 45 354 INDEX. l^OTICE— Continued. to person working on building wittiout permit, 92. to protect party wall from injury by excavations, 93. of unsafe condition of buildings, 115. to fill excavation under sidewalk, 112. to secure or remove unsafe buildings, 114. of unsafe character of building may be posted on wall, 117. to be given when building is ready for inspection, 111). under building law, how served, 119. of intention to build within ten feet of street, 120. to owner of building to provide fire-escape, 123. of revocation of exemption from fire-escapes, 124. of revocation of certificate of compliance with fire-escape law, 124. of appeal under fire-escape law, 126. to conform elevators to requirements of inspector, 128. of caucuses, to apply to party members only, 150. of date selected for caucus, 151, 159. of places provided for holding caucus, 151, 159. of canvass meeting for city council caucus. 154. of special city council caucuses, 155. for recount of ballots cast at caucuses, 158, 159. of adoption of voting machines by city, 104. to Union liailroad Co. to remove tracks, 182, 189. to discontinue trolley system, 182. of revocation of rights of street railway in streets, 199, 200. to Narragansett Electric Lighting Co., to supply lights, 208. to railroad companies violating regulations for public lands and waters, 217. of establishment of layout of highway on petition or by consent, 240, 241. of defining grade of platted ways, 242. of layout of street by board of aldermen, 243, 244. of application for commissioners under Betterment Act, 245, 246. of meeting of commissioners of estimate and assessment, 246. of filing of report and plat under Betterment Act, 248, 251, 254, 257. limit of time of appeal after, under Betterment Act, 251, 254. of intention to surrender estate under Betterment Act, 255. of filing report of appraisers of value of estate surrenderd, 255. of intention to abandon highway, 258, 259. of intention to remove trees in highway, 260. of assessments for watering streets, 261. of claim of appeal from assessment for watering streets, 262. NOVEMBER, municipal election to be Tuesday next after first Monday in, 17, 18. NUISANCES, power of city council to prevent and remove. 9. trees planted in highway not to be deemed, 260. OATH OF OFFICE of members of city council, 3. of port wardens, 226. of inspector of beef and pork, 234. of men to lay out highways, 243, 244. of commissioners under Betterment Act, 246. INDEX. 356 OATHS, members of board of canvassers may administer, 133. OBJECTIONS to report under Betterment Act, hearing before supieme court on, 251, 252, 257. to removal of trees in street, 260. OBLIGATIONS of inhabitants of Providence, 2. city charter not to discharge pre-existing, 19. of city, limitation of, without special statutory authority, 2U5. outstanding, to be fulfilled according to their tenor, 2(35. taxation not limited for purpose of paying, 265. schedule of statutes authorizing, 266--272. OBSTRUCTION in sidewalk, power of sidewalk commissioners to remove, 43. of right of way of ambulance, penalty for, 49. of fireward in seizure of gunpowder, penalty, 63. in harbor, prevention of, and penalty for, 212. 213, 215. beyond harbor line from Fox Point to India Point, penalty for, 220. removal of, on layout of highway, 244. OCCUPANT of tenement is liable for water rents, 37. of buildings, to remove combustible materials on order, 73, 74. of building unlawfully constructed, record of name of, 91. may be permitted to use boiler or heater under sidewalk, 112. liability of, for unsanitary condition of premises, 230. may be compelled to connect drainage with sewer on sewered street, 235. OCCUPATION of unlawful tenement houses, prohibited. 111. OCTOBER, notes given for state tax must be paid in, 21. return of gross earnings by certain corporations in, 179, 183, 187, 207. certain corporations to pay to city tax in, 179. 183, 187, 207, 208. OFFAL, dangerous to health, removal of, 230, 231. board of aldermen may make rules for removal of, 232. OFFENDERS, discharge of, by mayor or board of aldermen, 8, 9, 56, 57. punished under ordinances, not exempt from punishment under state law, 10. OFFICE, members of city council to be engaged before entering upon, 3. fire-escapes may be required on, 117. ■ of board of canvassers and registration, regulation of, 130. of wardens and clerks elected by the people, abolished, 136. OFFICE, REMOVAL FROM, of deputy recorder of deeds, 5. of constable with power to serve civil process, 70. OFFICERS of fire department, power to remove combustible materials, 73, 74. OFFICERS OF THE CITY, annual election of, by city council, 3, 4. mayor to inspect conduct of subordinate, 8. power of city council to appoint, 11. compensated by fees, salaries may be substituted, 11. record of fees received to be kept. 11. salaries of, may be fixed by city council, 11. to be elected annually unless otherwise provided, 12. removal of, by city council, 12. to be elected in convention unless otherwise provided, 12. bonds of, to be fixed by city council, 13. to be elected in municipal election in November, 18. liability of, for disregard of Point Street Bridge Act, 41. of political committee, vacancies how filled, 149. 356 INDEX. OIL, inflammable, not to be kept under sidewalk, 112. OLD METALS, license for dealing in. 51. OPEN AIR, persons lodging in. to be deemed vagrants, 55. OPERATION of steam boilers prohibited, without license, 85. of elevators and hoistways, 128. OPERATIVES, fire-proof staii-ways required in buildings where there are more than twenty-five, 107, 108. egress stairways required in buildings where there are over 200, 109. requirements for fire-escapes on buildings containing, 117. protection to life of, from fire in certain buildings, 122-128. ORDERS, relative to disposition of property in hands of police, 10. relative to telegraphic and other wires, 10. of municipal court to be recorded, 14. of police court to be recorded, 16. to unsuitable persons to leave the city, 54, 55. for payment of school expenses. 78. for removal of unsanitary conditions, 230-232. for connection with sewer and destruction of cesspool, 235. ORDINANCES, power of inhabitants or city council to make, 2. city council may impose penalties for violation of, 2, 10. to be presented to the mayor for his approval, his veto power, 8. power of mayor to discontinue actions for disobedience to, 8. mayor and aldermen to exercise powers conferred by, 9. for government of city, power of cit.v council to make, 9. not to be contrary to laws of state, 10. discharge of prisoners committed for violation of, 57. forfeiture of, and suit for, penalties provided for, 10. of city council to be published, 13. to be amended or repealed by ordinance, 13. law department may be established by, 18. jurisdiction of police court over offences committed against, 15, 10. city charter not to affect pre-existing, 19. authorized relative to acceptance or rejection of city bonds or notes, 22. accounting for fees and moneys, 11. animals going at large, 57, 58. approval of bills of North Burial Ground, 275. board of commissioners of sinking funds, 20, 21. compensation of board of appeal under fire-escape law, 127. dealers in junk and second-hand articles, 51. drainage and plumbing of buildings, 280, 281. duties and fees of harbor master, 218. fees for licenses and commissions, 23, 24. fees and moneys, 11. fire department, 72, 73. grant of franchises in streets. 178-180. hawkers and peddlers, 49, 50. house of correction, 53. injurious substances in sewers, 34. limits of close district under building law, 89, 90. INDEX. 357 ORDINANCES— Co»ifiHwrJ. authorized relative to lounging upon bridges, power of city council to make, 10. park commissioners, 277. plumbing and drainage of buildings, 280--281. powers of city council under Water Act, 28, 29. powers of commissioner of public works over public works, 31. property in possession of police, 10. rails in public lands, waters, streets and wharves, 217. i-egistration of coupon bonds, 20. relief of firemen and policemen. 286. 287. salaries, 11, 12. salaries and expenses of inspectors of buildings, 92. salaries of inspectors of plumbing, 282. salary of commissioner of public works, 27. telegraphic and other wires, 10. term of office of inspectors of buildings, 91, 92. turfing of portions of streets, 260, 261. driving on turfed portions of streets, 261. ORGAN GRINDER, itinerant, is a disorderly person, 56. ORGANIZATION of city government, on first Monday in January, 3, 137. of school committee, on first Tuesday in December, 77. of board of canvassers and registration, 130. ORIEL WINDOW, consti-uction of, over streets, 102. OUTER DISTRICT, under building law, defined, 90. OUTHOUSES, persons lodging, to be deemed vagrants, 55. keeper of gaming implements in, to be deemed disorderly person, 50. OVENS, construction of flues for, 103. OVERHEADS, over steam boilers, protection of, 106. beneath floor of auditorium, construction of, 109, 110. OVERSEER OF THE POOR, election of, IS. to hold office from first Monday in .January, 18. new election in case of refusal to accept office of, IS. death before qualification in office of, 18. OWNERS, city council may regulate electric wires over buildings with consent of, 10. of tenements are liable for water rents, 37. of adjoining lands, authority to require building of sidewalks at expense of, 43. notice to build or repair sidewalk to be given to, 43. of gunpowder illegally kept liable for injury from explosion, 64. of building destroyed to arrest fire, compensation of, 72. of land taken for school purposes to be notified, SO. may appeal, 80, 81. of building unlawfully constructed, record of name of, 91. duty of, on application for permit to build, 93. to make heating apparatus safe, on notice from inspector, 106. liability of, for damages arising from coal-hole xor sidewalk vault, 112. may be permitted to use boiler or heater under sidewalk, 112. of unsafe building, to be notified, 114. of building reported unsafe, duties and rights of, 115, 116. ready for inspection to give notice, 119. is bound by notice to architect or agent, 119. 358 INDEX. OWNERS— Continued. of certain buildings, duty of to provide fire-escapes, 122. may be permitted to maintain shelter over sidewalk, 121, 122. liability of, for injury resulting from absence of fire-escapes, 125. penalty on, for non-compliance with fire-escape law, 126. fees of harbor master to be paid by, 218. expense of survey by port warden to be paid by, 228. liability of, for unsanitary condition of premises, 230, 231. may be compelled to connect drainage with sewer on sew^ered street, 235. of lands, establishment of highways on petition or by consent of, 240, 241. of adjacent land, notice to, before defining grade, 242. buildings on lands taken under Betterment Act to remain property of, 254. may surrender remainder of estate taken under Betterment Act, 255. of abutting lands, rights of, on abandonment of highway, 258, 259. planting of trees in highway not to interfere with rights of, 259. trees planted in highway to be deemed property of, 259, 260. right of action for injury to tree on or in front of land of, 260. may petition for watering streets, 261. OYSTER HOUSES, powers of city council relative to, 9. PAPERS to be delivered by city clerk to successor in office, 4. of election officers to be returned to board of canvassers, 132. board of canvassers may compel production of, 133. caucus ballots to be printed or written on white, 153. prohibition of voting machine not making record upon, 163. ballot captions to be printed on white, 168. PAPERS OF NOMINATION, rejection of names of disqualified electors from, 150. signing of, as affecting right to participate in caucus, 150, 156. for ward and district candidates, to be signed by not less than fifty, 150. for candidates to city council, eligibility to sign, 154. PARAPHERNALIA, for elections, to be supplied by board of canvassers. 135. PARKS, authority of city to use electricity for lighting. 206. damages for injury by animals to trees in, 260. commissioners of, may be appointed by city council, 277. city authorized to hire money for certain, 278, 279. to buy land for Blackstone, 279, appropriation authorized for band concerts in, 24. PARKWAY of Blackstone Boulevard, city authorized to hire money for, 278, 279. PARTICIPATION in caucuses, 150, 156. PARTIES, POLITICAL, warden and clerks to be of different, 136. meaning of, as used in Caucus Act, 148. state committee to be annually elected by, 148. of state, ward and city committees of. 148, 149. PARTITIONS, in halls of certain lodging houses to be fire-proof, 98. supporting beams or rafters, construction of, 101. construction of brick-work adjoining, 104, regulation of smoke-pipes passing through, 104. regulation of hoistways not enclosed in fire-proof, 107. of stairways to be fire-proof in certain buildings, 107-109. already built, exempt from fire-escape requirements, 117. INDEX. 359 PARTITION WALL, definition of, 90. in close limits in ontcr building districts, 90. thickness of external walls in building not having, 97. PARTY WALLS, definition of, 90. alterations of buildings not affecting, 92. in close limits in outer building districts, 90. protection of, from adjoining excavation, 93. height of, how to be measured, 94. foundation piling under, 95. of dwelling houses and other buildings, thickness of, 95--97. thickness of contiguous walls instead of, 97. of brick or stone not to rest on wooden supports, 98, 99. to be anchored at each tier of beams, 99. coping of, to be constructed in what manner, 99. to be carried up to not less than two feet above roof, 99. to be corbelled out or provided with gutter-stone, 99. prohibition of continuous vertical recess in, 99. roof or floor timbers entering, from opposite sides, 101. examination and rebuilding of unsafe, 114. in second building district, 118. PASSENGERS, transfer stations for, authorized, 193--196. rate of ferriage in day time not to exceed two cents for, 211. PAVING of streets and sidewalks, power of city council over, 9. of streets, in addition to special tax for use of streets, 180. Union Railroad Co. not relieved from obligations for, 183, 189. transfer system to relieve how far, railway companies from, 195. requirements for, not affected by act providing for tax on street railways. 197. PAWTUCKET, act relative to political committees and caucuses in, 148--1G1. PAWTUCKET STREET RAILWAY CO, may increase capital stock for certain purposes, 202. PAWTrXET RIVER, city water supply may be obtained from, 35. penalty for injury to city water supply from, 37. PAYMENT of costs to be part of sentence of police court, 17. of city debt in gold or currency, 22. of fine and cost, imprisonment on default of, 56. of damages for land taken under Betterment Act, 250. f" AY-ROLL, deductions from, for teachers' retirement fund, 83. PEACE, duty of mayor to preserve the, 7. police court may require recognizance to keep the, 16. PEACE, JUSTICE OF THE, mayor to be one of the, ex-officio, 7. justices of police court to be, 15. power of, to commit to house of correction, or to jail, 53, 54. to commit vagrants and disorderly persons to prison, 56. discharge of prisoners committed by, 57. to issue search warrants under Gunpowder Act, 04. PEACE OFFICER, mayor may require aid of, 8. PECUNIARY FORFEITURE in police court, how recovered, 16. PEDDLERS in streets, may be regulated by ordinance, 49, 50. licenses to, already issued, not affected by Chapter 846, 50. 360 INDEX. PEDDLERS— Continued. may be regulated by board of aldermen, 68, 69. under state license, not subject to regulation by aldermen, 69. PENALTIES, power of inhabitants to inflict, 2. power of city council to impose, 2, 10. under ordinance not to exempt offender from penalty under state law, 10. under ordinances, forfeiture of, and suit for, 10. jurisdiction of police court to impose, 15, 16. city charter not to afCect pre-existing, 19. for indecent intoxication, 56. for injury to city water works, 37. for interference with Point street bridge, 41. liability of board of canvassers to, 130, 131, 133. for driving on turfed portions of streets, 261. for encroachments or obstructions in harbor, 213. for obstructing street with buildings, 121. for refusal, by disorderly persons, to depart from buildings, 48. for refusal to comply with order relative to drainage, 235. for rescue of gunpowder, 63. for sale of unwholesome provisions, 229. for vagrancy and disorderly conduct, 56. for working on building without permit, 92. for neglect to attend at school required by law, 79. to comply with fire-escape law, 125, 126. to repair unsafe buildings, 115. to remove rubbish from building operations, 94. to make election returns, 132. of unsanitary condition of premises. 230, 231. . to remove lime illegally stored, 67. in case of fire resulting from illegal storage of lime, 67. for unlawful act as to harbor line between Fox Point and India Point, 220. for unlawful burial or entombment of corpse, 276. keeping, transportation or sale of gunpowder, 61, 62, 66. operation of steam boilers, 85-87. piling of wood, 68. selling in street without license, 50. storage of cotton waste, 59. structures in public waters above Weybosset Bridge. 215. for violation of drainage and plumbing ordinance, 281. of junk ordinance, may be provided, 51. of sewer ordinance, 34. of law for keeping and sale of fireworks, 60. of law relative to retaining walls in harbor, 214. of provisions of building law, 119. of regulations for ferry-boats, 211. of regulations for preservation of harbor, 213. of regulations for public lands and waters, 217. of rules concerning bootblacks and venders, 69. of caucus act, 160. of voting machine act, 172. ' INDEX. 361 PENSION FUND for policemen and firemen may be established, 287. PEOPLE of the city, counting of ballots cast for questions submitted to, }31. 132. PEiiCENTAGE to be paid by certain corporations upon gross earnings, 179, 183, 187, 207, 208. PERJURY, false oath before board of canvassers and registration to oe deemed, 133. PERMITS for building to be issued by inspector of buildings, 92. for building to be exercised within six months, 93. for construction of coal holes and vaults under sidewalk. 111. to use space under sidewalk, application and conditions for, 113. to remove building, application and approval, 113. for doorway in party wall in second building district, 118. requiretl for building within ten feet of street, 120. for shelter to entrance to building on street, 121, 122. PERPETUAL CARE of burial lots in North Burial Ground, 273, 274. management of funds held in, 275. PI-]RSONAL ESTATE, duties of recorder of deeds regarding transfer of, 5. jurisdiction of police court to adjudge forfeiture of, 15, 10. PERSONAL INTEREST of judg-e of municipal court, procedure in case of, 15. PETITION, appeal from the taking of land for school purposes, to be by, 80, 81. of owners, highways may be established on, 240, 24JL. for sprinkling streets, 261. PIERS, construction of, 97. construction of external wall between, 97. under brick or stone walls, construction of, 98, 99. construction of isolated and external brick, 100. columns supported by, to rest on iron plate or cap-stone, 100. supporting walls of masonry, to have footing course of stone. 100. iron or stone Innders to be built into brick, 100. regulation of wooden buildings built on in second district, 118. PIGS going at large, authority to prevent, 57, 58. going at large, authority to declare forfeiture of, 58. between certain hours prohibited, 58 ; penalty. 59. PILES, foundations of permanent buildings may rest upon, 94. for foundations, how to be driven, 95. under foundation of pier or column to be of sufBcieut number, 100. PIPES, penalty for injury to water, 37. exclusive right in streets to use. may be granted, 178. PITCH of stairways in places of assembly, 108. PLACE of ward meetings, citj- clerk to give notice of, 17. of town meetings, to be appointed by city council, 19. PLANKS, piling of, within certain limits, prohibited, 08. PLANK "WALK along fence enclosing wall under construction near street, 93, 94. PLANS may be required on application for permit to build, 93. PLAT of land taken for school purpose to be filed, 80. ways shown on recorded, may be established as highways, 240, 241. grade of, may be defined on request, 242. of layout of highway under Betterment Act, 240. copy of, to be filed in city clerk's office, 251. under Betterment Act to be paid for by citj', 251. 46 362 INDEX. PLATES, columns supported by brick wall or pier to rest ou cap-stone or iron, 100. to be fire-proof when, 103. PLUMBING, city council may make ordinances relative to, 280, 281. inspector of, election of, 281. assistant inspectors of, appointment and removal, 282. PLURALITY, members of school committee to be elected by, 77. elects or nominates at caucuses, 156, 157. POINT STREET BRIDGE, penalty for interference with, 41. POINT STREET BRIDGE, SUPERINTENDENT OF, appointment, 40. duties of, in management of bridge and drawbridge, 40, 41. penalty for obstructing, in the performance of duty, 41. POLES in streets, exclusive right to use, may be granted, 178. use of, may be regulated by city council, 10, 180. notice to Union Railroad Co. to remove, 182, 189. notice to Narragansett Electric Lighting Co.. to remove, 205. POLICE, administration of, to be exercised by mayor and aldermen, 9. ordinances may be made for disposition of property in hands of, 10. POLICE CONSTABLES, appointment and removal of, 40. mayor may require aid of, 8. detail of, to attend at caucuses, 155. to arrest without warrant for violation of caucus act, 161. orders to improve sanitary conditions may be served by, 232. city council may appropriate money for relief of, 286, 287. POLICE COURT, to be one of the city courts, 14. may punish for contempt, 14, 16. organization, jurisdiction, and procedure of, 15—17. appeals from, how taken, 17. costs in, how taxed ; how taxed on appeal, 17. power of, to commit to house of correction, or to jail, 53, 54. jurisdiction of, of prosecutions for unwholesome provisions, 230. of prosecutions for unsanitary conditions, 230. POLICE DEPARTMENT, powers of city council to regulate, 9. officers of, appointment and powers of, 46-48. ambulance 'of, to have right of way, 49. regulation by, of peddlers in the streets, 49, 50. of dealers in junk and second hand articles, .51. of offenders under house of correction act, 52-57. of animals at large in the streets, 57, 58. of the storage of cotton waste, 59. of the storage, keeping, and sale of fireworks, 59, 60. of the storage, safekeeping, and transportation of gunpowder, 60-66. of the storing of lime, 67. of the piling of lumber, 67, 68. of bootblacks, newsboys, and street venders, 68, 69. POLICE FORCE, mayor may assume full charge of, 46. POLICE JUSTICES to be annually elected by concurrent vote, 1.5. may vary form of process, 16, 17. may commit vagrants and disorderly persons to prison, 56. discharge by mayor or board of aldermen of persons committed by, 57. INDEX. 363 POLICE SIGNAL system of city, uot affected by exclusive rights to electric lighting company, 205. POLITICAL COMMITTEES, election of, 148, 149. vacancy in, how filled, 149. elected at caucuses, to be elected by ballot, 153. tenure of ofiice of. 149, IGl. POLITICAL CONVENTION, meaning of, as used in caucus act, 148. certificate of election of delegates to. 157. POLITICAL PARTIES, warden and clerk to be of different, 130. meaning of, as used in caucus act, 148. state committee to be annually elected by, 148. state, ward, and city committee of, 148, 149. management of affairs of, 149. certain city committees may regulate membership in, 149. right to participate in caucuses of, 150, 154, 156. caucuses not to be held on same day by two, 151. name of, not to be used in combination with other words, 151. first designating day for caucus, to have precedence on that day, 151. not to hold tw'o caucuses on successive days, 151. caucuses to be held at call of city committee of, 151. caucuses and conventions of, to conform to caucus act, 151. different colors to be used in checking lists at caucuses of, 155. arrangement of voting machine of candidates and propositions of, 1G7, 168. POLLING PLACES in voting districts, to be designated by board of canvassers and registration, 135, 3.36. for caucuses, how provided, 151, 152. supply of ballot-boxes and supplies to. 155. POLLS in caucuses, open and close when, 152, 153. caucus officers to count ballots on close of, 157. POOR, authority to forfeit swine running at large to use of, 58. forfeitures under gunpowder act to enure one-half to use of, 06. POOR-HOUSE, management of Dexter Asylum as, 18, 19. POOR, OVERSEER OP, to be elected on Tuesday after first Monday in November, 18. to hold office from first Monday in January, 18. new election in case of refusal to accept office of, 18. in case of death before qualification in office of, 18. PORK, appointment of inspector of, 234. duties, fees, and obligations of inspector of, 234. PORT WARDENS to be elected by city council. 226. duties and fees of, 220-228. POSTING of voting lists by board of canvassers, 129. of hand-bills required under Betterment Act, 246. POSTS in streets, powers of city council relative to, 9. power of sidewalk commissioners to remove, 43. POWERS of inhabitants of Providence, 2. of mayor, how exercised in his absence, 3, 4. PRECEDENCE of political party, designating day for caucus, 151. PRELIMINARY BUSINESS at caucuses, 153. PREMIUM on sale of schoolhouse bonds or notes to be added to sinking fund, 82. 364 INDEX. PRESCRIPTION, establishment of highways on land by, 241. PRESIDENT OF BOARD OF ALDERjMEN. election and powers, 3, 4. pro tempore, election and powers, 4. licenses to sell gunpowder to be signed by city clerk or. Gl. PRESIDENT OF COMMON COUNCIL, election of, 6. ex-ofEcio member of school committee, 76. PRESIDENT OF SCHOOL COMMITTEE to be trustee of teachers' fund, 83. PRESIDENTS OF FIRE DEPARTMENT, to be elected by city council, 71. to have powers of fire-wards under gunpowder act, 71. PREVENTION of nuisances, power of city council for, 9. of spread of fires, by destruction of buildings, 71. PRICE of water, within and without the city, 35, 37. of city water, owner and occupant liable for, 37. agreed on for land taken for school purposes, to be paid forthwith, 80. awarded, may be appealed from, 80, 81. for service by corporations having exclusive rights in street, limitation of. 180, 196, 209. PRINCIPAL of city debt, provision for payment in gold or currency, 22. PRISON, power of mayor to commit to, 7. includes house of correction and Providence county jail, 54. board of aldermen may commit to, for disobedience of order to depart. 55. commitment of vagrants or disorderly persons to, 56. power of board of aldermen to discharge from, 56, 57. to recommit to. 57. power of mayor to discharge from, 8, 57. PRISONERS in Providence county jail, weekly support of city, 54. PRIVATE PROPERTY, construction and maintenance of sewers in, 28. PRIVILEGES of inhabitants, 2. of street railway companies forfeited, when, 199. of street railways in streets, revocation of, 199, 200. of Narragansett Electric Lighting Co., revocation of, 208. PRIVY under sidewalk, prohibited, 112. PRIVY' VAULT, board of aldermen may require destruction of, 235. PROBATE, city clerk not to discharge duties of town clerk in matters of, 4. municipal court to be court of, 14. PROCEDURE, each board of city council may determine its own, 7. PROCEEDINGS of municipal court to be recorded, 14. police court may take recognizance on continuance of, 16. of town meetings to be recorded, 19. PROCESS from municipal court, when clerk is a party to be signed by judge, 15. from municipal court, form, service, and return of, 14. justices of police court may vary form of, 16, 17. from police court may be served by constables and other officers, 17. city charter not to affect pre-existing, 19. civil, not to be served by special police constables, 47. civil, constables with power to serve, appointment of, 69, 70. PRODI^CE of farms, sale of, in street, exempted from regulation, 50. PROFIT, office of, in gift of city council, prohibited to city councilmen, 12. PROHIBITION of shows and entertainments, powers of city council relating to, 9. INDEX. 365 PROJECTION of bay or oriel window over street. 102. above roof, to be fire-proof, when. lOo. PKOMISSORY NOTES, management of sinking funds for redemption of, 20, 21. may be given foi- money hired to pay state tax, 21. acceptance or rejection of bids for city, 22. city council may provide for payment of, in gold or cui-rency, 22. of c-ity, for new schoolhouses and lots, 82. for retaining wall from Hill's Wharf to Sassafras Point, 224, 225. for improvement of the harbor, 225. for layout and building of street to Prospect Street, 263. for highway purposes, 264. to be paid according to their tenor, 265. for Roger Williams Park, Blackstone Park, and Parkway, 278. 2T!>. PROPERTY in hands of police, ordinances may be made relative to. 10. jurisdiction of police court to adjudge forfeiture of personal, 15, 16. construction and maintenance of sewers in private, 28. school committee to have custody of school, 77, 78. PROPERTY OF THE CITY to be in care and management of city council, 13. schedule of, to be published annually, 13. PROPORTION, of damages under Betterment Act, to be assessed, 248, 253. PROPOSITIONS submitted to the people of the city, counting of ballots for, 131. arrangement of, on ballot-caption of voting machine. 167, 168. to be printed on tally-sheet of voting machine, 168. PROSECUTION, power of the mayor to commit for purposes of, 7. city charter not to affect pre-existing, 19. imprisonment on default in payment of costs of, 56. PROSPECT STREET Providence Cable Tramway Co. may operate cars in, 188. loan authorized for street from South Water Street to, 263. PROSTITUTES to be deemed vagrants, 55. are disorderly persons, 55. PROTECTION of city from fire, power of city council relative to, 9. of excavations adjoining street, 93. PROVIDENCE CABLE TRAMWAY COMPANY, historical note relative to fran- chises of, 173. act of May 23, 1893, conferring exclusive street rights upon. 187-190. may use electricity as a motive power, 190, 191. authorized to make contracts with the city, 191-193. to be relieved from paving, how far, for five years after establishment of transfer stations, 195. PROVIDENCE COUNTY JAIL, police court may commit to, 16. commitments to, may be made by whom, and for what offences, 53, 54. imprisonment in, for default of fine and costs, 56. jailer of, payments to, for support of city prisoners, 54. PROVIDENCE GAS COMPANY, historical note relative to franchises of. 176. PROVIDENCE TELEPHONE COMPANY, note relative to franchises of, 176, 177. PROVISIONS, forfeiture and seizure of unwholesome, 229. PRUDENTIAL AFFAIRS, administration of, in whom vested, 2. PUBLIC ADMINISTRATOR to be appointed by city council, 283. duties, powers, and obligations of, 283-285. 366 INDEX. PUBLICATION required of ordinances, rules, and regulations, 13. of call for caucus, 151. of voting lists by board of canvassers, 129. PUBLICATIONS, religious, may be sold in street without license fee, 50. without regulation by board of aldermen, 69. PUBLIC BRIDGES, commissioner of public works to have charge of, 27, 31. city council may confer upon commissioner, powers over, 31. PUBLIC BUILDINGS, powers of city council relative to, 9. city council may confer upon commissioner powers over, 31. superintendent of, election in .January. 6. to examine buildings reported unsafe, when, 115. PUBLIC LANDS, city council may regulate use of, 217. PUBLIC MARKETS, power of city council to regulate, 9. PUBLIC OCCASIONS, appropriation authorized for celebration of. 24. PUBLIC PARKS, appropriations authorized for band concerts in, 24. PUBLIC PLACES, persons begging or receiving alms in, to be deemed vagrants, 55. keepers of gaming implements in, to be deemed disorderly persons, .56. gamesters or performers in, to be deemed disorderly persons, .56. PUBLIC SCHOOLS, may be established by city council. 11. custody and management of, vested in school committee, 77, 78. appropriation for, to be drawn against by school committee, 78. expense under contract with normal school to be paid out of, 78. protection to life from fire in, 122-128. PUBLIC WATERS, regulation and preservation of, 212-218. PUBLIC WORKS, city council may confer upon commissioner powers over, 31. apportionment of damages for lands taken for construction of, .38. of city, contracts for, to be fulfilled acording to their tenor, 265. PUBLIC WORKS, BOARD OF, creation and abolishment of, 26. PUBLIC WORKS, COMMISSIONER OF, to be appointed by the mayor, 26, 27. may employ a secretary, 26, 28. city council may fix salary of, 27. to have powers and duties of board of public works, 27. to have control of engineering department, 27. to appoint city engineer and subordinate engineers, 27. to fix salaries of engineers subject to approval, 27. to make reports on bridges, 27, 28. may hire employees in his department, 28. to have charge of construction and maintenance of sewers, 28. power of, to make assessments under Sewer Acts, 29. to prescribe rules for connecting with sewers, 30. sewer assessments to be a lien from dates certified by, 30. to have powers of surveyors and commissioners of highways, 31. to have charge of construction and maintenance of all public bridges, 27. city council may confer powers of construction and maintenance upon, 31. oflBcial bond may be required by city council from, 31. connections with sewers, may be built by, 33. may require removal of rubbish from building operations, 94. permit for removal of building to be approved by, 113. lamp-posts not to be disturbed except by consent of, 113. INDEX. 867 PUBLIC WORKS, COMMISSIONER OF— Continued. tree not to be cut without consent of, 113. shelter over sidewalk may be removed by, when, 122. may remove obstructions on layout of highway, 2-44. authority of, relative to trees in the highway, 259, 2G0. may be authorized to water the streets, 2G1. powers of, not abridged by Street Watering Act, 2(52. PUBLIC WORKS DEPARTMENT, historical note of, 26. PUNISHMENT, jurisdiction of police court to impose, 15, 16. PUPPET SHOWS, exhibitor or performer of, to be deemed disorderly person, 56. PURCHASE of junk and second-hand articles, license for, 51. of land for school purposes to be by city council, 78. PURLINS to be fire-proof, when, 103. QUALIFICATION, in office, new election in case of death before, 18. of member of school committee, 75. of election officers, 136. for participation in caucus or to sign nomination paper, 150, 156. of candidate for ofiice of caucus warden or caucus clerk, 1.52. to participate in city council caucuses, 154. QUARRELLING, power of mayor to commit to prison for, 7. QUESTIONS, submitted to the people of the city, counting of ballots for, 131. arrangement of, on ballot-captions of voting machines, 167, 168. to be printed on tally sheet of voting machine, 168. QUORUM in board of aldermen and common council, 7. of town meetings, 19. of board of appeal under fire-escape lav.% 126. of board of canvassers, 130. RAFT, mooring of, to Point Street Bridge ; penalty for, 41. RAFTERS, certain walls of brick or stone not to rest on wooden, 99. to rest on iron, brick or -stone support, 99. entering brick walls to be cut on a splay, 101. construction of main partitions supporting, 101. to be fire-proof, when, 103. RAILROAD COMMISSIONER, revocation of location of street railway company to be approved by, 199. appeal from decision of, on revocation of rights of street railway, 200. approval of increase of capital stock of street railway company by, 200, 202. RAILROADS, power of city to carry water works over or under, 35. enjoying franchises in streets, note of, 173-175. RAILROAD TERRACE, lease of, to Union Railroad Co., 174. RAILS, exclusive right in streets to use, may be granted, 17S. in streets, notice to Union Railroad Co. to remove, 182, 189. city council may regulate use of, over public lands and waters, 217. use of may be regulated by city council, 180. removal of, on order of revocation, 199. in central transfer station, railway company may lay additional, 195. 368 INDEX. RAILWAY in street, city council may grant exclusive right to operate, 178--180. RAILWAY STATION on land covering public waters above Weybosset Bridge, 216. RAISING of buildings to conform to building law, 92. RANGES, construction of flues for, 103. construction of brick work back of, 104. protection of wood-work from flues of, 105. regulation of cooking. 105. RATE, for service by corporation having exclusive rights in streets, limitation of, 180, 196. per centum to oe paid on gross earnings of certain corporations, 179, 183, 184, 187, 208. of speed of street cars, city council may regulate, 188. of charge for electric lights not to be increased, 209. of charge for electric lights furnished to city, 209. of dividends of Narragansett Electric Lighting Co. restricted, 209, 210. of ferriage in daytime not to exceed two cents for each passenger. 211. RATES OF FARES to be charged by Union Railroad Company, 185, 186, 190. under system of free transfers, 196. RATIO of assessments under Betterment Act, 248, 253. REAL ESTATE, duties of recorder of deeds regarding transfer of, 5. for water works purposes, power of city to acquire, 35. of city. Betterment Act applies to as in other cases, 249. assessment under Betterment Act to be a lien on, 251. may be sold by public administrator for payment of debts, 284. REAR WALLS of brick or stone not to rest on wooden supports, 99. party walls to be corbelled to outer edge of projections on, 99. REASONS OF APPEAL under fire-escape law to be filed in city clerk's office, 126. from assessments for watering streets, 262. REASSESSMENTS for sewer tax, 29, 30. REBATE on sewer assessments for anticipated payment, 31. RECEIPTS and expenditures, account of, to be furnished annually, 13. from sewer assessments to be held and applied by city treasurer, 25. of corporations having franchises, historical note as to tax on gross, 173-177. corporations to make quarterly return of gross, 179, 183, 187. gross, how ascertainetl in different cities and towns, 179, 184. street railway companies to pay to state annual tax of one per centum of gross, 197, 200, 201. RECESS, prohibition in party wall of continuous vertical, 99. RECOGNIZANCE, police court may take, 16, police court may commit for want of, 16. RECOMMENDATIONS to city council, duty of mayor to furnish, 8. RECOM^NIITMENT to prison by board of aldermen, 57. RECORD, of application for permission to construct buildings, 91. of conveyances and other instruments, 4. 5. of election, to be returned to board of canvassers, 132. to be delivered to city clerk, 133. of election by voting machine, 171. of fees to be kept, in case of substituted salaries, 11. of moneys received to be kept by city clerk, 4. of municipal court to be kept by clerk of, 14. INDEX. 369 RECOUD— Continued. of police court to be kept by justices of, 16. of registered bonds to be kept by city treasurer, 20. of town meeting to be kept by city clerk, 19. of buildings, dangerous or damaged, 91. examination of, by inspector, 91. of violations of building law, 91. board of canvassers may compel production of, 133. to collect fee for 133, 134. of count by board of canvassers and registration, 1.32. penalty on board of canvassers for false, 133. to be kept by inspector of buildings, 91. to be kept by port wardens, 227. RECORDER OF DEEDS to be elected by city council, 4. general duties of, 4, 5. deputy, may be appointed by mayor, 5. may be removed from office by mayor, .5. description of land taken for school purposes to be recorded by, 80. RECOUNT, of ballots cast at caucus, 158, 159. candidates may be present at, in person or by agent, 159. RED BRIDGE, maintenance of by Providence and East Providence, 42. RED FLAG to be displayed on boat conveying gunpowder, G5. REDISTRICTING of city, by board of canvassers, 135, 13G. RED LIGHTS to be hung on building in street at night, 114. REDUCTIOIS of salary, limitation on, 12. REFERENCE of report of commissioners of estimate and assessment, 248, 257. REFORM SCHOOL, state, police court may commit to, IG. REFUNDING of assessment for sewer, 29, 30. REFUSAL to accept office, new election in case of, 18. of right of way to ambulance ; penalty, 49. to repair unsafe building ; penalty for, 110. to remove unsanitary conditions ; penalty for, 230, 231. to comply with order relative to drainage ; penalty for, 235. REGISTER of hot-air furnace, regulation of, 104, 105. REGISTERED VOTERS not to vote on machines used by property voters, 104. REGISTRAR, CITY, city clerk not to perform duties pertaining to office of. 4. appointment of deputy in case of disability of, 2.34. REGISTRATION of coupon bonds may be provided for, 20. of voters by board of canvassers, 129. quorum of board of canvassers for, 130. REGISTR.^TION, BOARD OF CANVASSERS AND, election of. 129. REGULATIONS, power of inhabitants or city council to make, 2. city council may impose penalties for violation of, 2, 10. of procedure, each board may determine, 7. for government of city, power of city council to make, 9. of vehicles, power of city council, 9. of theatres, powers of city council relative to, 9. relative to telegraphic and other wires, 10. for disposition of property in hands of police, 10. 47 370 INDEX. nEGVLATIO^S-ConUnued. of city council and board of aldermen to be published, 13. jurisdiction of police court of offences against, 15. IG. city charter not to affect pre-existing, 19. of commissioner of public works relative to sewers, 30. for use of sewers may be made by city council, 34. of distribution, use. and price of city water, 35, 37. authorized for government for house of correction, 53. for keeping and sale of fireworks may be made by board of aldermen, 60. for storing of lime, 67. for bootblacks, newsboys, and street venders, 68, 69. of public schools vested in school committee, 78. for administration of teachers' retirement fund, 83. for party membership and right to participate in caucuses, 149. of rights and franchises of corporations in streets, 180. 182. 188, 189, 205. of exclusive rights in streets, appeal from unreasonable, 180. for preservation of harbor, 212. board of aldermen may make, for unwholesome provisions, 229. for collection and removal of garbage, 232. for drainage and plumbing in buildings, 280, 281. REINVESTMENT of perpetual care funds, 275. REJECTION by city treasurer of bids for bonds and city notes, 22. of ballots, candidate may be heard for or against, 132. of questions submitted to the people, duty of city clerk, 132. RELATIONSHIP of judge of municipal court, procedure in case of, 15. RELEASE of damages as condition of right to connect with sewer. 30. RELIEF of firemen and policemen, appropriations for, 286, 287. RELIGIOUS BOOKS may be sold in streets without payment of license fee. 50. without regulation by board of aldermen, 69. RELIGIOUS CORPORATIONS, land of, held for cemetery purposes exempt from sewer assessments, 32. REMAINDERMAN, life tenant paying sewer assessment may recover indemnity from, 32, 33. apportionment to, of damages assessed in entire sum, 38, 39. REMOVAL of acting judge of municipal court, 15. of assistant inspectors of buildings, 92. of assistant inspectors of plumbing, 282. of buildings, regulation of, 113, 114. of buildings on layout of highway, 244, 245, 249. 252. of electric wires in street, liable to become dangerous, 10, 11. of garbage, board of aldermen may make rules for, 232. of keeper of house of correction, 53. of nuisances, power of city council for. 9. of obstructions in sidewalk or street, 43. in harbor, 213, 215. outside harbor line between Fox Point and India Point, 220. of officers by city council, 12. of police constables and city watchmen, 4(5. of railroad tracks authorized over public lands and waters, 217. INDEX. 371 RE'MOYAL— Continued. of tracks of Union Railroad Co. on notice. 182, 189. of tracks of street railway company on order of revocation, 199. of trolley system may be ordered, 182, 189. of system of Narragansett Electric Lighting Co., 205. of trees planted in street, 2G0. of undertakers from office, 270. of unsafe buildings, 114, 115. of unsanitary conditions, 230, 231. of unsuitable persons from city, board of aldermen may order, 55. of wooden buildings into first building district, prohibited, 117. _ from ward, vacates office of school committee, 75. vacancy by, in office of caucus warden or clerk, 152. REMOVAL FROM OFFICE of deputy recorder of deeds, 5. of city officers, 12. of constable with power to serve civil process, 70. RENEWAL of licenses to sell gunpowder, 61. of city debt does not require special statutory authority, 2G5. RENTAL of unlawful tenement houses, prohibited, 111. RENTS for water, owner, and occupant liable for payment of, 37. central transfer station to be furnished free from, 195. to abate in respect to lands taken under Betterment Act, 250. REPAIR of bridges, in charge of commissioner of public works. 27, 31. of buildings, to be inspected by inspector of buildings, 91. permit to build not required for necessary, 92. of coal-hole or sidewalk vault, responsibility for, 112. of school buildings, city council to have expenditure of appropriation for, 78. of sewers and drains, 28. of sidewalks, authority for requiring, 43--45. of stairways in tenement houses, 110. of streets, in addition to special tax for use of streets, 180. Union Railroad Co. not relieved fron) obligation for, 183, 189, 199. of unsafe buildings, to be a lien, when, 115. of wooden buildings in first district, 117. REPEAL of ordinance to be by ordinance, 13. REPORT of board of survey of unsafe building, action on, 115. of appraisers of value of estate surrendered under Betterment Act, 255. of commission to divide the city into wards and districts, 135, 138. of commissioner of public works to city council, 28. of commissioners of estimate and assessment, 247, 248. action of supreme court upon. 248, 249. city council and parties may agree before final confirmation of, 249. damages to be paid within four months of confirmation of, 2.50. to be evidence in suit for damages, 250. copy of, to be filed in city clerk's office, 251. appeal from, and proceedings thereon, 251, 252, 254, 257, 258. notice of filing of, in supreme court, 248, 251, 254. of inspector of. buildings to city council, 91. of men appointed to lay out streets, action on, 243, 244. of port wardens, record of, 227. 372 INDEX. REPUTATION persons of doubtful, to be deemed vagrants, 55. REQUEST, of city council, highway not to be established except on, 242, 24^). 252. grade of platted street may be defined on, 242. RESCUE of gunpowder, penalty for, 63. RESERVATION out of salaries, for teachers' retirement fund, 83. RESERVOIR power of city to acquire lands for, 35. RESIDENCE in ward required for aldermen and councilmen, IS. for members of school committee, 75. and name of voter to be written on challenged vote, 15(3. does not necessarily disqualify as commissioner under Betterment Act. 246. RESIGNATION, new election in case of vacancy in ofSce by, 7. removal of school committeeman from ward equivalent to, when. 75. RESOLUTIONS in concurrence to be presented to the mayor, 8. may authorize city treasurer to accept or reject bids for city bonds. 22. may fix fees for licenses and commissions, 23, 24. condemnation of land for school purposes to be by, 79--81. contracts between city and railroad companies to be authorized by, 174, 192. RESPONSIBILITY arising from coal hole or sidewalk vault, 112. RESULT of elections, determination of and declaration, 131, 132. RETAIL DEALERS not to sell gunpowder without a license, 61. in gunpowder, to state business in application for license, 65. regulation of business of, 65, 66. RETAINING WALL to be built before filling tide-flowed flats. 214. from Hill's wharf to Sassafras Point, loan for, 224. 225. RETIREMENT FUND for teachers, school committee authorized to establish, 82, 83. of what to consist, and how administered, 83. who may be beneficiaries of, 84. RETURNING BOARD, board of canvassers and registration to be, 131. voting machines to be examined and approved by state. 162. 163. RETURNS of writ or process from municipal court, form of, 14. of ballots by election officers, 136. by caucus officers to board of canvassers and registration, 157. of gross earnings of corporations having rights in streets, 179, 183. 187, 207. relative to canvassing and registration to be made to board of canvassers, 130. of election officers to be made to board of canvassers, 132. penalty on board of canvassers for false, 133. ■ of caucus officers, board of canvassers to furnish forms for, 155. REVELLING, power of mayor to commit to prison for, 7. REVENUE of the state, act providing for, by tax on street railways. 197. REVERSIONER, apportionment to. of damages assessed in entire sum, 38, 39. REVOCATION of license to dealer in junk or second-hand articles, 51. of license to keep and sell fireworks, 60. to sell gunpowder, 61. of appointment of constable with power to serve civil process. 70. of license for steam boiler, by board of aldermen, 85. of permit for shelter over sidewalk, 122, of exemption from requirement for fire-escapes, 124. of certificate of compliance with fire-escape law, 124. by city council of rights of corporations in streets, 199, 200. 208. INDEX. 373 RHODE ISLAND HOSPITAL, city council may make annual appropiiatiou to, 236. mayor may contract with, for care of contagious diseases, 236, 237. RHODE ISLAND NORMAL SCHOOL, city school committee authorized to contract for education of pupils at, 78. RHODE ISLAND, STATE OF, engagement to support constitution and laws of, 3. buildings of, exempt from building law, 88. act providing revenue for, by tax on street railways, 197. RHODE ISLAND SUBURBAN RAILWAY COMPANY, may increase capital stock for certain purposes, 202. RIDING on turfed portions of streets, penalties may be prescribed for, 261. RIGHT OF WAY of ambulance of city hospital, 49. RIGHTS of inhabitants of Providence, 2. city charter not to impair pre-existing, 19. in streets, grants to corporations of exclusive, 173--211. exclusive, of Union Railroad Co. to cease on failure to open new lines, 185. of street railway companies forfeited, when, 199. of street railways in streets, revocation of, 199. 200. exclusive, of Narragansett Electric Lighting Co. for twenty j'ears, 204. to be forfeited on failure to perform conditions, 208. RIOTOUS PERSONS, powers of city council relative to security of city from, 9. RIVER, encroachments upon, power of city council relative to, 9. ROGER WILLIAMS PARK, city authorized to hire money for, 278, 279. ROOF BEAMS entering party wall from opposite sides, 101. ROOFS, party wall to be carried up not less than two feet above. 99. construction of, 101. of certain buildings to be covered with incombustible material. 102. walls to be carried up behind cornice to the, 102. of buildings on streets, leaders for conducting water from, 102. structures above, to be fire-proof, when, 103. buildings to have scuttle, or bulkhead and door on, 103. of brick flues to be smoothly plastered below, 103. flues to be topped out at least three feet above. 103. of boiler rooms, construction of, 106. of tenement houses to be kept in good repair, 110. of projections above buildings in second building district, to be fire-proof, 118. ROPE DANCING, performer or exhibitor of. to be deemed disorderly person, 56. RUBBISH, deposit of, in street, during building operations, prohibition, 94. from building operations to be removed on order from commissioner of public works, 94. RULES AND REGULATIONS of procedure, each board may determine. 7. power of inhabitants or city council to make, 2. city council may impose penalties for violation of, 2. 10. for government of city, power of city council to make, 9. for vehicles, power of city council, 9. for theatres, power of city council, 9. relative to telegraphic and other wires, 10. for disposition of property in hands of police. 10. of board of aldermen to be published, 13. jurisdiction of police court of offences against, 15, 16. 374 INDEX. RULES AND REGULATIONS— Continued. city charter not to affect pre-existing, 19. of commissioner of public works relative to sewers, 30. for use of sewers may be made by city council, 34. of distribution, use, and price of city water, 35, 37. authorized for government for house of correction, 53. for keeping and sale of fireworks may be made by board of aldermen, 60. for storing of lime, 67. for bootblacks, newsboys, and street venders, 68, 69. for administration of teachers' retirement fund, 83. for party membership and right to participate in caucuses, 149. for rights and franchises of corporations in streets, 180, 182, 188, 189, 205. for exclusive rights in streets, appeal from unreasonable, 180. for preservation of harbor, 212. board of aldermen may make, for unwholesome provisions, 229. for collection and removal of garbage, 232. for drainage and plumbing in buildings, 280, 281. RUNNING AT LARGE, authority to prohibit animals, 57, 58. animals feeding or grazing in street deemed to be, 58. SAFETY of tenement houses, board of health may regulate, 110. SALARY, limitation on increase or diminution of, 12. assessments from, for teachers' retirement fund, 83. commissioners of North Burial Ground to serve without, 274. compensation beyond, forbidden to mayor and city officers, 7, 12. of aldermen and common councilmen to be fixed by city council, 12. of board of appeal under fire-escape law, 127. of board of canvassers and registration, 129, 134. of clerks of, 134. of certain officers in public works department to be paid monthly, 28. of city officers instead of compensation by fees, 11. may be established by ordinance, 11, 12. of city treasurer to be fixed by city council, 6. of commissioners of public works to be fixed by ordinance. 27. of engineers to be fixed by commissioner of public works, 27. of fire commissioners, 72. of harbor master, city council may pass ordinances relative to, 218. of inspectors of buildings to be fixed by city council, 92. of inspectors of plumbing to be fixed by city council, 282. of mayor to be fixed by city council, 7. of wardens, clerks, and supervisors, 136. SALE of property in hands of police. 10. of city property to be in power of city council, 13. or offer for sale, in street, may be regulated, 49, 50. exemptions from fees and from licenses, 50. exemptions from regulation by board of aldermen, 09. of junk and second-hand articles, license for, 51. of fireworks, how to be regulated, 59, 60. of gunpowder without license, prohibited, 61. of unwholesome provisions, prohibition, and penalty for. 229. INDEX. 375 SASSAFRAS POINT, city council may (ix harbor line from Dorrauce Street to, 219. retaining wall from Hill's Wharf to, loan for, 224, 225. SCATTERING VOTE not allowed on voting machine, 170. SCHEDULE of city property to be published annually, 13. SCHOOL BLULDINGS, school committee to have charge and custody of. 77, 78. city council to have expenditure of appropriations for, 78. city may condemn lands for, 79—81. $300,000 may be borrowed annually for new, 82. stairway partitions in, to be fire-proof, 108. protection to life from fire in. 122-128. SCHOOL COMMITTEE, elegibility of members of, 75. ex-ofiicio members of, 70. members of, to be elected at municipal election, 77, 137. vacancy in office of, how filled, 75, 77. to organize on first Tuesday in December, 77, 137. to employ superintendent and teachers, 77. to have charge and custody of school buildings and property, 77, 78. to manage and regulate public schools, 78. to draw orders for payment of expenses of school department, 78. may contract for education of children at normal school, 78. to diyide school year into two terms. 79. teachers' retirement fund may be established by. 82. certain members of, to be trustees of teachers' retirement fund, 83. how far affected by redivision of city into wards, 137. SCHOOL PROPERTY, school committee to have custody of, 78. SCHOOL ROOMS, construction of roofs and floors of, 101. SCHOOLS may be established by city council, 11. custody and management of, vested in school committee, 77, 78. appropriation for, to be drawn against by school committee, 78. expense under contract with normal school to be paid out of, 78. children of school age required to attend, 79. protection to life from fire in, 122—128. SCHOOLS, SUPERINTENDENT OF, to be employed by school committee, 77. 78. to be trustee of teachers' retirement fund, 83. SCHOOL YEAR, school committee to provide two terms in, 79. SCOW, mooring of, at Point Street Bridge, penaltj'^ for, 41. SCUTTLES, buildings to be provided with, 103. SEALING of ballots, by election officers, 136. SEARCH WARRANTS to be issued to fire-ward under gunpowder act, G4. SECOND DISTRICT under building law, defined, 90. regulation of wooden buildings in, 117, 118. brick and wooden buildings in, have incombustible fire-stops. 118, 119. SECOND-HAND ARTICLES, license for dealing in, 51. SECOND WARD and districts, boundaries of, 139, 140. SECRETARY of board of canvassers and registration, election and duties of, 130. of political committees, vacancy how filled, 149. of political convention to be notified of vacancy in delegation, 150. SECRETARY OF COMMISSIONER OF PUBLIC WORKS, appointment. 20, 28. 376 INDEX. SECRETARY OF STATE, names of officers and members of political committees to be filed with, 148, 149. certificates of nominations at caucuses, to be filed in office of, 157. by board of canvassers and registration, recount, 159. to be notified of adoption of voting machines, 164. to designate arrangement of ballot-caption on voting machine, 167. to notify city clerk of arrangement of ballot-captions, 167. to furnish supplies for equipment of voting machines, 169. to accept and deliver assents to "an act providing for a tax on street railways," 201. SECURITY of city from disorderly persons, powers of city council relative to, 9. SEEKONK RIVER BRIDGE, maintenance of, 41. SEIZURE by fire-wards of gunpowder unlawfully kept or transported, 62, 63. of gunpowder by fire-ward, penalty for obstructing, 63. of unwholesome provisions, 229. SEMINARY, protection to life from fire in, 122-128. SENTENCES of police court, to be recorded, 16. appeal from, how taken, 17. tax costs to be part of, 17. to house of correction, to prescribe treatment, .54. SEPTEMBER, caucuses to be held after second Thursday after first Monday in, 154. first caucus lists to be canvassed on Tuesday after first Monday in, 154. SERGEANT, CITY, mayor may command aid of, 8. SERVANTS, employment of, by commissioner of public works, 28. SERVICE of process from municipal court, 14. from police court, 17. of notice of taking of land for school purposes, 80. by corporations having exclusive rights in streets, charge for, ISO, 196. 209. of Union Railroad Co. as carrier for other railroad companies, 185. of orders to improve sanitary conditions, 232. SESSIONS of municipal court, 14. of police court, 15. SET KETTLES, regulation of, 105. SETTLEMENT, persons having no legal, may be ordered to depart from the city, 54, 55. SEVENTH WARD and districts, boundaries of, 143, 144. SEWER ASSESSMENTS must be applied to sewer-bond sinking fund, 25. jMjwer of commissioner of public works to make, 29. how to be made, 29. refunding and reassessment of, 29, 30. gives right to connect with sewer, when, 30. to be a lien upon the estate upon which they are made. 30. how payable, 30. discount for anticipated payment of, 31. interest and costs on delinquent payment of, 31. exemption of cemeteries from, 32. paid by life tenant may be recovered proportionally from remainderman, 32,33. includes expense of sewer connections, 33. SEWERS, assessments for, must be applied to sewer-bond sinking fund, 25. receipts for connections with, must be applied to sewer-bond sinking fund, 25. INDEX. :>( I SEWEllS— Continued. construction and maintenance of, 28. assessment for, gives right to connect with, ."30. connections with, may be built by commissioner of public works, .33. city council may prescribe rules relative to use of, 34. compulsory connection of drainage with, 123."». tax limitation law does not include assessment for, 2G.j. SHADE TREES, powers of city council relative to, 9. regulation of, in street, 259, 2G0. SHAVINGS, construction of boiler rooms where there are, lOG. SHEATHING, protection of wood-work from heating apparatus by means of, lOG. building not to be covered with, until inspected, 119. SHEDS, persons lodging in, to be deemed vagrants, 55. within close limits in outer building district, 90. attached to building in second building district, 117, 118. SHEEP going at large, authority to prevent, 57, 58. SHELL FISH sale of, in street, exempted from license fee, .50. SHELTERS for entrances to buildings on street, 121, 122. SHERIFF, mayor may require aid of, 8. duty of, on appeal from order to repair unsafe- building, IIG. SHINGLES, piling of, within certain limits, prohibited, G8. SHIP, limitation and regulation of keeping of gunpowder in, Gl. with gunpowder on board, not to lie at wharf, G4. shipping or landing gunpowder to or from, (il. shipping of gunpowder, how regulated, G4. SHOALS, retaining wall to be built around tide-flowed, when filled, 214. SHOPS, powers of city council relative to, 9. limitation and regulation of gunpowder in, Gl. construction of roofs and floors of, 101. SHORTAGE of sewer receipts to be made good by city council, 25. SHOWMAN, to be deemed disorderly person, 56. SHOWS, powers of city council to regulate public, 9. exhibitors of idle, to be deemed disorderly persons, 5G. SICKNESS of judge of municipal court, clerk may adjourn in case of, 14. acting judge may be appointed in case of, 15. ambulance to have right of .way in case of, 49. SIDEWALK COMMISSIONERS, duties of, 43-45; now cxcrci.scil hij Commi.s.sioncr of PuhUc Works. SIDEWALKS, powers of city council relative to making of, 9. powers of city council relative to regulation of, 9. city council may regulate electric wires over, 10. authority for requiring building and repair of, 4.3 — 15. « construction of bay or oriel window over, 102. water from roof of buildings on streets not to flow on. 102. regulation of coal-holes and vaults under, 111, 112. board of aldermen may order filling of excavation undci-, 112. application for permit to use vault under, 113. shelters over, for entrances to buildings, 121, 122. SIDE WALLS to be anchored at each tier of beams, 99. 48 378 INDEX. SIGNALS to be given by vessels passing tlirougli Point Street Bridge, 40. SIGNS in streets, powers of city council relative to, 9. to be displayed by dealers in gunpowder, 66. SINKING FUND COMMISSIONERS, authority to establish board of, 20, 21. duties of, in regard to perpetual care funds, 275. SINKING FUNDS for sewer bonds, sewer assessments must be applied to, 25. for money borrowed for schoolhouses and lots, 82. to be deducted from city debt under municipal indebtedness act, 265. taxation not limited for purpose of appropriation for, 265. SIXTH WARD and districts, boundaries of, 142, 143. SLEEPING ROOMS, construction for ventilation of, 110. SMOKE-PIPES in buildings, regulation of, 104. of stove, regulation of, 104. protection of wood-work from, 106. SMOKE-STOPS to be provided in dwelling houses in second building district. 118. SOCIETIES exempt from taxation, are liable under sidewalk act, 44. religious or moral, sales for, in street, exempted from fee, 50. from regulation by board of aldermen, 69. SOIL, breadth of base course of foundation walls to be in proportion to load and, 95. SOLICITOR, CITY, election of, as officer of law department, 13, 14. violation of building law to be reported to, 91. SOLITARY CONFINEMENT at house of correction to be according to sentence, 54. without labor, not to exceed ten days, 54. SORTING of ballots by election officers, 136. SOUTH ANGELL STREET, Providence Cable Tramway Co. may operate cars in, 188. SOUTH WATER STREET, loan authorized for street from Prospect Street to, 263. SPECIAL CAUCUSES, what voting lists to be used at, 154. for candidates to city council, canvass meeting for, 155. SPECIAL CONSTABLES to serve for not more than three days, appointment of, 47. to have authority of constables, but cannot serve civil process, 47. SPECIAL ELECTION, to fill vacancy in city council, canvass meeting for caucus of, 155. caucuses for, holding of. 159, 160. SPECIAL TAX on gross earnings of certain corporations to be paid to city treas- urer, 179, 183, 187, 207, 208. Union Railroad Co. not relieved from, 183, 189, 197, 198. SPECIFICATIONS may be required, on permits to build, 93. SPECTACLES, powers of city council relative to, 9. SPEED of street railway cars, city council may regulate. 182, 188. SPIRE of church in second building district, regulation of, 117, 118. SPLAY, beams entering brick wall to be cut on a, 101. SPREAD of fires, destruction of buildings to prevent, 71, 72. SPRINKLING-PIPES or hose required in certain buildings, 107, 109. SQUARE may be designated as close limits in outer building districts, 90. loan authorized for street from Prospect Street to Market, 263. STABLES, persons lodging in, to be deemed vagrants, 55. thickness of external walls of, 97. limitation on height and area of, 97. INDEX. 379 STABLBS—Vontinued. construction of roofs and floors of, 101. not to be erected or altered except in place approved of by board of aldermen, 113. injunction of unlawful construction of, 113. STAGE of theatre to be supplied with fire-extinguishing apparatus, 109. STAGE-WALL in theatre to be fire-proof, 109. STAGING for building purposes, not to be placed in street without permission, 94. to be sufiicient for purpose for which erected, 94. reported unsafe, proceedings in case of, 114, 115. STAIR LANDINGS, construction of, 108. STAIRS leading to roofs, buildings to be provided with stationary, 103. STAIRWAYS, alterations of buildings not affecting, 92. in certain buildings, to have fire-proof partitions, 107, 108. pitch, width, and number of, 108, 109. substitution of inclines for, 108. in theatres, construction of, 109. in tenement houses to have balusters, 110. may be required in certain buildings. 117. on buildings in second district, regulation of, 117, 118. duty of certain owners to provide, 122, 123. damages for injury resulting from absence of, 125. STAND-PIPES required in certain buildings, 107, 109. STATE COMMITTEE, to be elected by each political party, 148. to file list of officers and members with secretary of state, 148. city committee to be subject to rules and regulations of, 149. STATE LICENSES, city licenses may be in addition to, 50. persons selling under, not subject to regulation by board of aldermen, 69. STATEMENT that land is taken for school purposes to be filed, SD. copy of, to be served on owner of land taken, 80. to be published in newspapers, 80. STATE OF RHODE ISLAND, engagement to support constitution and laws of, 3. buildings of, exempt from building law, 88. act providing revenue for, by tax on street railways, 197. STATE REFORM SCHOOL, police court may commit to, 16. STATE RETURNING BOARD, voting machines to be examined and approved by, 162, 163. STATE TAX due June fifteenth, may be borrowed, 21. STATIONERY, for caucus purposes, delivery of, 155. STATIONS for transfer of passengers, authorized, 193-196. STATUTE, city not to incur indebtedness without authority of special, 265. STEAM BOILERS, board of aldermen may regulate operation of, 85-87. penalty for unlawful operation of, 85-87. protection of wood-work from, 106. construction of flues for. 103. wood-work, unless protected, not to be placed within one foot of. 105, 106. construction of rooms for drying lumber by direct heat from, 107. under sidewalk, board of aldermen may permit use of, 112. STEAM PIPES, protection of wood-work from, 106. 380 INDEX. STEPS in streets, powers of city council relative to, 9. power of commissioner of public works to remove. 43. STERLING, city council may provide for payment of city debt in, 22. STIRRUP IRONS, trimmers and headers to be hung in, when. 100. STOCK, capital, may be increased by street railway companies for what purpose, 200, 202. STOCKINGS, .sale of knit, in street, exempted from license fee, 50. STOLEN PROPERTY in hands of police, ordinances may be made relative to, 10. STONE, construction of foundation walls of, 95. foundation walls for wooden buildings, thickness of, 95. construction of external walls faced with, 98. cornice, to be balanced firmly on wall, 98. certain walls to be supported by iron, brick or, 99. STONE BINDERS to be built into brick piers, 100. STONE BUILDINGS, roofs of, to be covered with incombustible material, 102. requirement for fire-proof cornices and gutters on, 102. STONE-LIME, regulations for storage of, 67. STONE WALLS, except foundation walls, how to be built, 91. thickness of, 95-97. headers in, 97. not to rest on wooden supports, 99. footing course of pier or column supporting, 100. STOPS, buildings in second district to have incombustible, 118, 119. STORAGE of cotton waste, how regulated, 59. and sale of fireworks, how to be regulated, 59, 60. of gunpowder, how regulated, 61--66. of lime, 67. STOREHOUSES, dimensions of, within close limits in outer building district, 90. strength of floors of, 101. fire-proof stairway partitions required in certain, 107, lOS. STORES, construction of roofs and floors of, 101. port wardens to examine in. goods damaged on board vessels, 227. STOVES, regulation of use of, 105. in tenement houses, place for to be provided, 110. STOWAGE of vessels, duty of port wardens to examine, 226, 227. STRAIGHTENING of highways under Betterment Act, 245-258. STRAPS, beams supported by girders, to be strapped by iron, 99. STRAW, heater not to be used in room containing, 105. STREET CARS to be run through central transfer station, 194. rate of fare on, under system of free transfers, 196. STREET LINE to be defined on notice of intention to build, 120. STREET RAILWAYS, city council may grant exclusive right to operate. 178-180. city council may require Union Railroad Co. to open new lines of, 185. operation of, may be regulated by city council, 180, 182, 188, 189. act providing for tax on. 197-202. revocation of rights of, in streets, 199, 200. 208. may increase capital stock for certain purposes. 200, 202. under lease, lessee to pay tax on, 201. acceptance of "an act providing for a tax on street railways" by, 201. INDEX. 381 STREETS, power of city council to regulate, it. city council may regulate electric wires in, 10. construction and maintenance of sewers in, 28. rule for assessments for sewers abutting on, 29. connections with sewers may be built inside curbed line of. 33. power of city to cari\v water works over or under, 35. to lay water pipes or build aqueducts in, 35. authority for requiring the building and alteration of sidewalks in, 43--45. power of sidewalk commissioners to remove obstructions in, 43. ambulance in, not to be obstructed, penalty, 49. persons begging or receiving alms in, to be deemed vagrants, 55. keepers of gaming implements in, to be deemed disorderly persons, 56. gamesters or performers in, to be deemed disorderly persons. 50. feeding or grazing in, to be deemed "going at large," 58. neat cattle or swine in, without permission, prohibited, 58 ; penalty, 59. limitation and regulation of gunpowder in, 61. guaixls to be set up around excavations adjoining, 93. staging for building purposes, not to be erected in. without permission. 94. rubbish and materials in, during building operations, 94. construction of bay or oriel windows over, 102. building on, to have water conductors from roof, 102. not over twenty feet in width, height of tenement houses on. 111. regulations for moving buildings in. 113, 114. permit for erection of building within ten feet of, 120. jjenalty for placing building upon, 121. shelters for entrances to buildings on, 121, 122. franchise in, historical note relative to, 173-177. franchises in, power of city council to grant, 178-180. charge for use of. by corporations, how limited, 180. Union Railroad Co. may be required to remove from and accept other. 182. 189. not relieved from franchise obligations in, 183, 189, 199. motive power in. except animals, to be approved by city council, 186. grant to corporations of exclusive franchises in, 178-211. city and railroad companies authorized to make contracts for use of, 188, 191, 192. transfer stations to be provided in authorized, 193-196. to relieve, how far, street railways from paving, 195. revocation by city council of rights of street railway in, 199, 200. Xarragansett Electric Lighting Co. to have exclusive rights in. 204. authority of city to establish electric plant for lighting. 206. building of, in public waters above Weybosset bridge, 215, 216. city council may regulate use of public, 217. to harbor line between Fox Point and India Point, powers of city council over, 220. port wardens to examine in. goods damaged on board vessels, 227. compulsory connection of drainage with sewer on sewered, 235. certain private gangways declared to be highways, 238, 239. establishment of, on petition or by consent. 240, 241. after twenty years use as such. 241. 382 INDEX. STREETS— Continued. repeal of act of January session, 1829, relating to. 241. not to be established without request of citj- council, 242, 243. to be laid out by board of aldermen upon request of city council, 243, 244, 252. when received, defined grade to be established grade of, 243. alteration of, under Betterment Act, 245--258. city to become seized of lands taken under Betterment Act for, 249. board of aldermen to declare layout under Betterment Act to be a public, 252. notwithstanding defects in condemnation proceedings, 256. rights of owner of abutting land on abandonment of, 258, 259. regulation of trees in, 259, 260. action for damages for injuries to trees in, 260. city council authorized to turf portions of, 260, 261. to prescribe penalties for driving on turfed portions of, 261. watering of, 261, 262. city authorized to hire .$150,000 for purposes of, 264. tax limitation law does not include assessments for, 265. STREET VENDERS, may be regulated by board of aldermen, 68. 69. STRETCHERS, use of, in construction of walls faced with thin ashlar, 98. STRETCHING COURSES, use of, in construction of walls faced with thin ashlar, 98. STUDS to be fire-proof, when, 103, 117. STURDY BEGGARS to be deemed vagrants, 55. SUBORDINATE ENGINEERS, to be appointed by commissioner of public works, 27. SUBPOENA, board of canvassers and registration may issue writs of, 133. SUBSTANCES, ordinance may forbid turning into sewer any injurious, 34. sale of, in streets, may be regulated by ordinance, 49, 50. SUBURBAN RAILWAY CO. may increase capital stock for certain purposes, 202. SUITS, city charter not to affect pre-existing, 19. for use of city water without consent, 37. for recovery of damages to water works, 37. of damages for injury to trees, 260. against city for damages for land taken under Betterment Act, 250. of expenses of cleansing unsanitary premises, 230, 231. SUMMONS for witnesses, police court may issue writs for, 16. SUNRISE, light to be placed on building material in street from sunset to, 94. SUNSET, light to be kept on building material in street between sunrise and, 94. coal hole not to be left open or unfastened after, 112. SUPERINTENDENCE of city property to be in power of city council, 13. SUPERINTENDENT OF HEALTH, to be elected by city council, 233. duties and powers relative to sanitary conditions, 230, 231. Deputy may be appointed in absence of, 233. SUPERINTENDENT OF NORTH BURIAL GROUND, may be required to give bond, 275. SUPERINTENDENT OF POINT STREET BRIDGE, to be appointed by board of aldermen, 40. duties of, in management of bridge and drawbridge, 40, 41. penalty for obstructing, in the performance of duty, 41. SUPERINTENDENT OF PUBLIC BUILDINGS, election in .January, 6. to examine building reported unsafe, when. 115. INDEX. 383 SUPERINTENDENT OF SCHOOLS, to be employed by school committee, 77, 78. to be trustee of teachers' retirement fund, 83. SUPERVISORS OF ELECTIONS, compensation of, vacancy among, how filled, 136, 137. to make returns to board of canvassers instead of city clerk, 132. to be appointed by board of canvassers and registration, 136. powers, liabilities and duties of, 136. duties of, if voting machines are used in elections, 169--171. number of, when voting machines are used, 171. SUPPORT of city prisoners in Providence county jail, 54. of family, drunkards neglecting to be deemed vagrants, 55. abandoner of family without, to be deemed disorderly person, 55, 56. SUPREME COURT, common pleas division, appeal £i'om police court to, 17. appeal from taking of land for school purposes to, 81. justice of, may enjoin unlawful construction of stable, 113. appeal to, from order to repair unsafe building, 116. may enjoin work on building reported unsafe, 116. may enjoin violation of building act, 119. appeal to, from unreasonable regulation of exclusive right in streets, 180. appeal to, from decision of railroad commissioner, 200. application to, for commissioners under Betterment Act, 245. appointment by, of commissioners under Betterment Act, 246. report tor of commissioners under Betterment Act, 247, 257. action of, upon report of commissioners of estimate and assessment, 248, 249, 257. notice of appeal under Betterment Act to be filed in, 254, 257. city clerk to give notice of filing of report in, 254. appeal to, from decree abandoning highway, 259. application for appointment of arbitrators to fix price of street light*, 209. 210. SURETIES on bond of deputy city treasurer to be approved, G. on bonds of city ofiicers, 12, 13. police court may take bail with. 16. required on bond of constable with power to serve civil process, 70. SURETY FOR COSTS, chief of police need not give, 47. deputy chief of police, in absence of chief, need not give. 47. SURPLUS of sewer receipts to be added to receipts of succeeding year, 25. of Narragansett Electric Lighting Co., how applied, 210. of loss or damage to be reported under Betterment Act, 247. of income of perpetual care funds, how applied, 274. SURRENDER of estate taken under Betterment Act, 255. SURVEY of party wall or building reported unsafe, 114, 115. by port wardens of goods damaged on board vessels, 227, 228. of layout of highway under Betterment Act, 246. to be paid for by city, 251. SURVEYORS OF HIGHWAYS, commissioner of public works to have powers of, 31. SWILL, board of aldermen may make rules for collection and removal of, 232. SWINE, going at large, authority to prevent, 57, 58. authority to declare forfeit, 58. between certain hours prohibited, 58; penalty, 59. 384 INDEX. TABLES, keeper of gaming, to be deemed disorderly person, 56. TALLY-SHEET, definition of, in voting macliine law, 166. of voting machine, form of, 168. by whom furnished and how used, 169. to be removed from voting machine at close of election, 171. TAR and gravel for cellar bottom of dwelling house or hotel on made land, 95. TAVERNS, powers of city council to regulate, 9. TAX, to be collected by city treasurer, in what manner, 5. may be assessed, appropriated and collected by city council, 11. how to be assessed, apportioned and collected, 13. due the state June fifteenth, may be borrowed, 21. sewer assessments to be collected as, 30. to reimburse owner of building destroyed to arrest fire, may be levied, 72. special, on gross earnings of certain corporations to be paid to city treasurer, 179, 183, 187, 207; 208. Union Railroad Co. not relieved from, 183, 189, 197, 198. Narragansett Electric Lighting Co. not relieved from, 20(j. on street railways, act providing for, 197. on additional capital of street railway to be paid to general treasurer, 202. assessment under Betterment Act to be added to, 250, 251. assessment for watering streets to be collected as. 262. for general expenses of city, limited to one per cent., 265. TAX ASSESSMENT, copy of to be delivered to city treasurer, 5. TAXATION of costs in municipal court, 14. in police court, li. societies are liable under Sidewalk Act, although exempt from, 44, 45. TAX COLLECTOR, city treasurer to perform duties of, 5. TAXES, ASSESSORS OF, election and duties, 5. to constitute the board of assessors of taxes, 5. to deliver copy of tax assessment to city treasurer, 5. sidewalk tax to be certified to, 45. to add assessments under Betterment Act to tax on land assessed, 250, 251. TAXPAYERS to vote upon question of introducing ijublic water. 35. not necessarily disqualified as commissioner under Betterment Act, 246. TEACHERS to be employed by school committee, 77. retirement fund for, authorized, 82-84. to elect three trustees of teachers' retirement fund, 83. TEACHERS' RETIREMENT FUND, school committee authorized to establish, 82, 83. of what to consist and how administered, 83. who may be beneficiaries of, 84. TELEGRAPH WIRES, city council may make ordinances relative to, 10. TELEPHONES, city council may grant exclusive right to operate, 178-180. TEMPLATE, ends of girders to rest on wall plate or, 101. TENANT of tenement is liable for water rents, 37. notice to build or repair sidewalk to be given, when, 43. liability for damages arising from coal hole or sidewalk vault. 112. right of action for injury to tree on or in front of land of, 260. TENANT FOR LIFE paying sewer assessment may recover proportionally from re- mainderman, 32, 33. INDEX, 385 TENANT FOR 'LIFE— Continued. apportionment to, of damages assessed in entire sum, 38, 39. TENANT FOR YEARS, apportionment to, of damages assessed in entire sum, 38, 39. TENEMENT HOUSES, definition of, 90. ball partitions to be fire-proof in certain, 98. construction of roofs and floors of, 101. roofs of, to be covered with incombustible material, 102. not over twenty-five feet high, thickness of external walls of brick, 107. regulations for fire-proof stairway partitions in, 107, 108. to conform to requirements for dwelling houses, 110, 111. special requirements in construction of. 110, 111. fire-escapes may be required on, 110, 117. TENEMENTS, owner and occupant of, are liable for water rents, 37. regulation for sanitary condition of, 230, 231. may be taken in layout of highway under Betterment Act, 24.5. taken under Betterment Act. city to become seized of, 249. TEN-MILE RIVER, city water supply may be obtained from, 35. TExNTH WARD and districts, boundary of, 146, 147. i terrace, railroad, case of, 194. TENURE OF OFFICE, of aldermen and common councilmen, 18, 137. of assistant inspectors of buildings, 92. of plumbing, 282. of board of canvassers and registration, 129. of caucus officers, 152. of city officers, 12. of commissioner of public works, 27. of deputy city registrar, 234. of deputy superintendent of health, 2.33. of engineers in public works department, 27. of general city ofiicers, IS. of inspector of buildings, 91. of political committees, 149, 161. of port wardens, 226. of public administrator, 283. of school committee, 77, 137. of special constables, not to exceed three days, 47. of superintendent of health, 233. of superintendent of Point street bridge, 40. TERMS of municipal court, when held, 14. school year to be divided into two, 79. TERRACE, RAILROAD, lease of, 174. THEATRES, powers of city council relative to, 9. construction of roofs and floors of, 101. stairway partitions in to be fire-proof. 108. pitch, width and number of stairways from, 108, 109. width of doors leading from, 109. to be furnished with fire-extinguishing apparatus, 107. 109. THICKNESS of walls, 94. of foundation walls for wooden buildings, 95. 49 386 INDEX. THICK'NESS— Continued. of walls of dwelliug houses and other buildings, 95--97. of hollow walls used as bearing walls, 97, 98. of external walls faced with stone, 98. of walls faced with thin ashlar, 98. of backing behind iron piers or facings, 98. 99. of cap-irons and cap-stones of piers and columns, 100. of templates and wall plates, 101. of external brick -walls of certain buildings. 107. THIRD WARD and districts, boundary of, 140, 141. TICKETS, contracts with railroad companies may provide for transfer, 192. TIDE-WATER, storage of lime prohibited below highest, 07. regulation for filling flats covered with, 214. TIE IRONS, beams supported by girders to be strapped by, 99. TIES of metal may be used instead of brick headers, 98. TIE VOTE at caucus, proceedings in case of, 156, 157. TILES, protection of wood-work from heating apparatus by means of, 100. TIMBERS, piling of, within certain limits, prohibited, 67, 08. to be used for foundation only when constantly immersed in water, 95. not to be used in walls except for interior arch forms, 99. certain walls of brick or stone not to be supported on, 99. roof or floor, entering party wall from opposite sides, 101. TIME of ward meetings, city clerk to give notice of, 17. of holding town meetings to be appointed by city council, 19. for holding caucus, to be notified by city committee, 151. TIN, wood may be used for coping of party walls if covered with, 99. TIPLERS to be deemed disorderly persons, 56. TISSUE PAPER for caucus ballots, prohibited, 153. TITLE of political party not to be combined with other words on caucus ballot, 151. of land taken for school purposes, 80. of locations furnished by city for transfer stations, 195. TOMB, deposit of corpse in, forbidden, except by undertaker, 276. TOPPING of chimneys, how regulated, 103. 104. TOW-CLOTH, sale of, in street, exempted from liecense fee. 50. TOWN CLERK, city clerk to perform duties of, how far, 4. TOWN MEETINGS for management of Dexter donation, when to be held, 19. quorum at, to consist of not less than forty freemen. 19. records of, to be kept by city clerk, cx-offic'io, 19. TRACKS, in streets, use of may be regulated by city council, 180. notice to Union Railroad Co. to remove, 182, 189. in central transfer station, railway company to have right to lay additional, 195. of street railway company, removal of on order of revocation. 199. in streets, grant of exclusive right to use, 178. city council may regulate use of, over public lands and waters. 217 TRACTS, religious, may be sold in streets without license, 50. without regulation by board of aldermen. 69. TRADE in market places, power of city council to regulate, 9. TRAFFIC of freight cars in streets, historical note of, 174. TRAINING GROUND, appropriations authorized for band concerts on, 24. TRAMWAY COMPANY, historical note relative to franchises of. 173. acts governing operation of, by Union Railroad Co., 187-193. INDEX. 387 TRANSFER of real and personal estate, 5. of certificates of registered city bonds, 20. TRANSFERS, historical note of, 174, 17.5. may be provided for in contracts with railroad companies, 1!)2. by central and minor stations, authorized, 19.3—196. TRANSOM WINDOW to be provided in certain sleeping rooms, 110. TRANSPORTATION of gunpowder, regulation of, 61-G6. TRAP DOORS, hoistways and elevators to be guarded by, when, 107. TREASURER of teachers' retirement fund, 83. of political committee, vacancy in office of, how filled, 149. TREASURER, CITY, to collect taxes in what manner, 5. assessors of taxes to deliver certified copy of tax assessment to. o. to exercise all powers of collector of taxes, 5. may appoint deputies, 0. to be responsible for deputies, 6. salary of, to be fixed by city council, G. moneys received by city officers to be paid to, 11. fees collected in municipal court to be paid to, 14, to be elected on Tuesday next after first Monday in November, 18. to hold office from first Monday in January, 18. new election in case of refusal to accept office of, 18. death before qualification in office of, 18. duty of, relative to registration of city bonds, 20. authority of, to accept or reject bids for city bonds, 22. to hold and apply receipts from sewer assessments, 2.5. to pay certain officers of public works department monthly, 28. sewer assessments 'to be a lien from date certified to, .30. duty of. as to collection of sewer assessments, .31. one-half of forfeitures under Gunpowder Act to be paid to. GO. bonds of constables to be delivered to, 70. cost of removal of combustible material from buildings to be paid to, 74. to be trustee and treasurer of teachers' retirement fund, 8.3. to add deductions from pay-roll to teachei's' retirement fund, 83. board of canvassers and registration to pay fees to, 134, 1.37. returns to, of gross earnings of corporations. 179, 183, 187, 207. special tax on gross earnings of corporations to be paid to, 179, 183, 187, 208. to pay expense of removal of unsanitary conditions when, 230, 231. superintendent of North Burial Ground to deposit moneys with. 275. bills for maintenance of North Burial Ground to be paid by, 275. duties of, regarding balances in hand of public administrator, 28.5. on disability of public administrator, 285. duty of. relative to assessments for watering streets, 201, 262. TREASURY. CITY, moneys not to be paid from unless granted or appropriated, 12. fines for violation of building law to be paid into, 120. money not to be drawn from, until vouchers are filed, 13. TREES, power of city council relative to, 9. not to be cut except by consent of commissioner of public works. 113. regulation of, in streets, 2.59, 260. in street or park, right of action for injury to, by animals, 260. 388 INDEX. TRIAL BY JURY may be had on appeal for taking of land for school purposes, 81. on appeal from order to repair unsafe building, 116. on objection to report of commissioners under Betterment Act, 248, 257. demand for, under Betterment Act, and proceedings thereon, 251, 254. TRICKS, person going about exhibiting, to be deemed disorderly person, 56. TRIMMER-ARCH, wooden centering supporting, to be moved before plastering, 104. TRIMMERS to be hung on stirrup irons, 100. TROLLEY SYSTEM, substitution of other method of propulsion for the, 182, 189. not to be used without permission of city council, 180. TRUCKS, power of city council to license and regulate, 9. TRUSTEES, of sinking funds, board of commissioners to succeed to powers and lia- bilities of, 21. of damages apportioned to owner of land taken, 39. of normal school, school committee may contract with, 78. of teachers' retirement fund, 83. TURF may be laid in certain portions of streets, 260, 261. TURNPIKES, power of city to carry water works over or under, 35. power of city to lay water pipes or build aqueducts in, 35. TYPE, ballot-captions to be printed in clear, 168. UNCLAIMED PROPERTY in hands of police, disposition of, 10. UNDERTAKERS to be appointed and removed by board of aldermen, 276. burial or removal of corpse forbidden except by, 276. UNEXPENDED BALANCES, city council may use for general purposes, certain, 23. UNION RAILROAD COMPANY, historical note relative to franchise of, 173-175. act of May 3, 1892, conferring exclusive street rights upon, 181-186. authorized to issue $3,000,000 of 20-year mortgage bonds, 181. may be required to substitute one street for another, 182. act governing operation of Cable Tramway Co. by, 187—190. authorized to make contracts with the city, 191-193. transfer stations to be established by, when, 193-196. to be relieved from paving, how far, for five years after establishment of trans- fer stations, 195. may increase capital stock for certain purposes, 200, 202. UNITED STATES, engagement to support constitution of, 3. buildings of, exempt from operation of building law, 88. UNWHOLESOME PROVISIONS, forfeiture and seizure of, 229. USB of theatres, power of city council i-elative to, 9. of sewers, may be regulated by city council, 34. of water, within and without the city, 35, 37. USER, establishment of highway on laud by, 241. VACANCY in office of general city officers, new election in case of, 18. in ofiice of alderman or councilman, 7. in office filled by city council, to be supplied for current municipal year. 12. excepting member of city council, may be filled by city council, 12. in office of assistant inspectors of buildings, 92. of assistant inspector of plumbing, how filled. 282. of caucus warden or clerk, 152. INDEX. 889 Y Ai)Al^CY— Continued. in office of constable with power to serve civil process, liow filled, 70. of inspector of plumbing, how filled, 281. of political committees, how filled, 149. of public administrator, 285. of superintendent of health, how filled, 233. of wardens, clerks, and supervisors, how filled, 130, 137. in board of appeal under fire-escape law, how filled, 12G. in board of canvassers, how filled. 129. in city council, canvass meeting for caucus to fill, 155. in delegation to political convention, how filled, 15G. in case of tie vote for ward committee, or for caucus officers, how filled, 156. in school committee, is created by removal from ward, 75. how to be filled, 75, 77. VAGRANTS, what persons to be deemed, 55. may be committed to prison, 5G. VALIDITY of ballots, board of canvassers to determine all questions of. 132. VALUE of estate surrendered under Betterment Act, how determined, 255. of ratable property, limitation of taxation of, 265. VAULTS under sidewalks, regulation of. 111, 112. under sidewalks, application for permit for, 113. VEGETABLE MATTER, dangerous to health, removal of, 230, 231. VEGETABLES, seizure and forfeiture of unwholesome, 229. sale of in street, may be regulated, 49, 50. from carts or baskets, exempted from license, when, 50. exempted from regulation by board of aldermen, 69. VEHICLES, power of city council to license and regulate, 9. passing over drawbridges, power of city council to regulate, 10. sales from, in street, may be regulated. 49, 50. obstructing right of way of ambulances ; penalty, 49. limitation and regulation of gunpowder in, 61. regulation for carrying gunpowder in, 05. sale of meats and fish from, exempted from license fee, 50. sale of meats from, exempted from regulation by board of aldermen, 69. VENDERS may be regulated by board of aldermen, 68, 69. VENTILATION of air space between basement floor and cellar bottom, 95. of hallways in tenement houses, construction for,. 110. of tenement and lodging houses, 110. board of health may regulate, 110. VENTILATORS on building in second district, regulation of. 118. to be of incombustible material, 119. VERDICT on appeal from the taking of land for school purposes, 81. on appeal from order to repair unsafe building, 116. report of commissioners under Betterment Act to be conformed to, 248, 249. VESSELS, power of city council to regulate anchoring and mooring of, 9. passing through drawbridges, city council may regulate, 10. passing through Point street bridge, regulations for, 40, 41. mooring of. at Point street bridge, penalty for, 41. draw in Washington bridge to be opened for passage of, 42. limitation and regulation of gunpowder in, 61. 890 INDEX. YESSEJ^S— Continued. with gunpowder on board, not to lie at wharf, 64. not to lie north of India Point channel, G4 shipping or landing gunpowder to or from, 64. fees of harbor master to be paid by owner or captain of, 218. duty of port wardens to examine goods on board of, 226-228. regulations for removal and cleansing of, 231. VETO by the mayor, procedure in case of, 8. VIOLATIONS of building law, inspector to keep record of, 91. VOTE, mayor, in convention or board, to have only a casting, 3. in concurrence, to be presented to mayor ; his veto power, 8. city council may remove officers by, 12. legislative powers of city council to be exercised by, 12. justices of police court to be elected by, 15. keeper and officers of house of correction, may be removea by, 53. at caucus, how challenged, 156. caucus election or nomination to be by plurality, 156, 157. at caucus, proceedings in case of a tie, 156, 157. return of, to board of canvassers and registration, 157. recount of, 158, 159. scattering, not allowed on voting machine, 170. VOTERS t& hold municipal election in November, 17, IS, 137. for aldermen and councilmen, qualifications of, 18. election by, of members of school committee, 77, 137. registration and canvassing of, by board of canvassers, 129, 130. of the city, counting of ballots cast for questions submitted to, 131, 132. maximum and minimum number of, in voting districts, 135, 136. to elect ward committee, 149. right of, to participate in caucus and to sign nomination paper, 1.50, 154. 156. to elect caucus warden and caucus clerks, 152. may call caucus to order and preside, when, 1.53. at caucus, procedure when challenged, 156. entitled to certified copies of caucus check-list on payment of fee, 158. penalties on, for illegal voting, 160. minimum number of voting machines to be used in elections by, 164. use of voting machines in elections by, 169—172. question of municipal lighting plant to be submitted to, 206, 207. VOTING DISTRICTS, polling places in, to be designated by board of canvassers 135, 136. wardens, clerks, and supervisors in, 13^^ 137. boundary lines of, established by commission, 138-147. election of caucus officers for, 152. appointment of caucus officers in case of re-division of, 152. ballot for candidate for caucus clerk to bear number of his, 154. maximum and minimum number of voters in, 135, 136. municipal elections in, when to be held, 17, 18, 137. preparation of voting lists for, 129. appointment of commission to divide city into, 135. I'eport of commission dividing city into, 138. INDEX. 891 VOTING LISTS, canvassing of. by board of canvassers, 129, 130. certified copies of, to be furnished by board of canvassers, 134, 137. used at first caucuses, to be tliose canvassed when. 154. for city council caucuses, to be canvassed when, 154. for special caucuses, how prepared, 154, 155. used at caucuses, to be duly certified, 155. to be checked in special color for each party, 155. to be delivered by whose order, and by whom, 155. to be returned in person by caucus clerk of first district, 157. to be reproduced for use at succeeding caucuses, 157. VOTING MACHINES, act relative to use of, 162--172. time allowed each elector at, 170. scattering vote not allowed on, 170. VOUCHERS to be on file, before any appropriations drawn against, 13. WAGON, limitation and regulation of gunpowder in, 61. regulation for carrying gunpowder in, 65. WALK of plank around fence enclosing uuilding operation near street, 93. 94. power of city council to regulate, 9. WALL-PLATE, ends of girders to rest on template or, 101. WALLS in street, power of sidewalk commissioners to alter, 43. in close limits in outer building districts, 90. alterations of buildings not affecting party, 92. protection of, from adjoining excavation, 93. of brick or stone, how to be built, 94. thickness of, 94. height of external or party, how to be measured, 94. foundation piling under external and party, 95. foundation, to rest on proper base or footing course, 95. of stone, construction of, 95. of dwelling houses, thickness of, 95, 96. of buildings other than dwelling houses, thickness of, 96, 97. headers in stone, 97. corbelling to be well bonded into, 97. faced with stone to have brick backing, 98. thickness of, 98. stone facing of, to be securely tied to backing, 98. stone cornices to be balanced firmly on, 98. every ninth course to be a heading course in brick, 98. faced with thin ashlar, construction of, 98. construction of iron supports under external, 98. 99. prohibition of wooden support to certain, 99. anchoring of side end and party, 99. timber not to be used in, except for interior arch forms, 99. construction of coping of party, 99. columns supported by brick, to rest on iron plate or cap-stone, 100. of masonry, footing course of piers or columns supporting, 100. beams entering brick, to be cut on a splay, 101. roof or floor timbers entering from opposite sides of same party, 101. 392 INDEX. 'W AIjLiS— Continued. ends of girders to rest on template or wall plate built into, 101. cornices of, original or replaced to be incombustible, 102. construction of brick flues not starting from foundation, 103. in theatres, between stage and auditorium, to be fire-proof, 109. thickness of external, for certain brick buildings, 107. water not to be suffered to drip from roof to cause dampness in, 110. examination and rebuilding of unsafe party, 114, 115. notice of unsafe character of building may be posted on, 117. regulation of party, in second building district, 118. for protection of harbor in case of filling tide-flowed flats, 214. in harbor from Hill's Wharf to Sassafras Point, loan for, 224, 225. WANDERERS to be deemed vagrants, 55. WARD CLERK, board of canvassers to perform what duties of, 129. WARD COMMITTEES, election of, 149. vacancy in, to be filled by remaining members, 149. in existence March 29, 1901, continued in ofiice, 149. of Providence and Newport to hold ofiice from first day of .January, 149. vacancy in office of caucus warden or clerk to be filled by, 152. member of, or candidate for, ineligible to be caucus officer, 1.52. to appoint caucus officers in case of absence or disability, 1.53. to be elected by ballot, 153. vacancy in, how filled in case of tie vote, 15G. adjournment of caucus on failure to elect, 157. WARDENS, elected by the people, office of, abolished, 130. to make return to board of canvassers instead of city clerk, 132. appointment of, by board of canvassers and registration, 136. powers, liabilities, and duties of, 136. compensation of ; vacancy among, how filled, 136, 137. caucus wardens to have powers of, 152. duties of, if voting machines are used in elections, 166, 169, 170, 171. to exhibit interior of ballot box before voting begins, 153. WARDENS, PORT, election, powers, and compensation of, 226-228. WARD MEETINGS, city clerk to give notice of, 17. WARD ROOMS, caucuses to be held in, 152. WARDS, division of city into by city council, obsolete, 17, note. for which elected, aldermen and councilmen to be residents of, 18. residence in, required for school committee, 75. removal from, vacates office in school committee, 75. annual elections in, of members of school committee, 77, 137. preparation of voting lists for, 129. canvass meetings to be held in, 1.30. appointment of commission to divide city into, 135. report of commission dividing city into, 138. annual election in, of aldermen and councilmen, 17, IS, 137. boundary lines of, established by commission, 138-147. election of political committees in, 149. caucus warden to be qualified elector of, 152. vacancy in office of caucus warden or clerk by removal from, 152. appointment of caucus officers in case of redivision of, 1.52. INDEX. 393 WAREHOUSES, strength of riooi-s of, lUl. , fire-proof stairway partitions required in certain, 107, 108. limitation and regulation of gunpowder in. Gl. port wardens to examine in. goods damaged on board vessel, 227. WARES, sale of, in street, may be regulated by ordinance, 49, 50. WAKXING of town meeting to be appointed by city council, 19. WARPING LINES not to interfere with other vessels or Point street bridge, 41. WARRANT, proceedings in police court to be commenced by complaint and, 16. fines and penalties to be recovered in police court on, IG. police court may take recognizance on continuance of complaint and, IG. justices of police court may vary form of, IG, 17. from police court may be served by constables and other ofiicers, 17. arrest of disorderly persons in buildings by chief of police without, 48. for new election, by whom to be issued, 7, 18, 132. search, to be issued to fire-ward under gunpowder act, G4. , for jury on appeal from order to repair unsafe building, IKi. arrest without, for violation of caucus act, IGl. prosecutions for unwholesome provisions to be by, 230. for unsanitary conditions to be by, 230. for removal of obstructions on layout of highway, 244. WASHINGTON BRIDGE, maintenance of by Providence and East Providence, 41,42. WASTE, penalty for unlawful storage of cotton, 59. of combustible nature in buildings, 73, 74. WATCH to be kept at night about building under removal in street, 114. WATCH HOUSES, lodgers in, to be deemed vagrants, 55. WATCHMEN, appointment and removal of city, 46. WATER distribution, use, and price of, within and without the city, 35, 37. taken for city water works, damages for, how recovered, 36. city to have exclusive right to supply of, .37. timber to be used for foundation only when constantly immersed in, 95. from bay or oriel windows over sidewalk, conductors for, 102. from roof of building on street, leaders for conducting, 102. city council may grant exclusive right to distribute, 178-180. WATER ACT, city council may confer upon board of public works its powers under. 28, 29. WATER BONDS, authority for issues of, 267. WATER COMMISSIONERS, superseded by board of public works, 31. WATERING of streets, provisions for, 261, 262. WATERMAN STREET, Providence Cable Tramway Co. may operate cars in, 188. WATER PIPES in streets, power of city to lay, 35. penalty for injury to, 37. WATER RATES, owner and occupant liable for payment of, 37. WATER RIGHTS, power of city to acquire. .35. taken for city water works, damages for. how recovered, 36. WATERS of the harbor, boundaries and protection of, 212, 213. WATER SUPPLY to city, provisions for, 34-37. penalty for injury to, 37. WATER WORKS, damages, how recovered, for lands and water rights taken for, 3(). penalty for injury to, 37. apportionment of damages for lands taken for construction of, 38. 50 394 INDEX. WAY of ambulance, penalty for , obstructing, 49. WEDGES, iron columns maj' be set up by thin iron, 100. WEYBOSSET BRIDGE, central transfer station authorized at or near, 193. prevention of obstructions in public waters above, 212. prohibition of structures in public waters above, 215. building of wharves, streets, or bridges in public waters above, 215, 1'16. authority for depot on lands covered by public waters above, 216. WHARVES, power of city council to regulate, 9. limitation and regulation of gunpowder on, 61. vessel with gunpowder on board not to lie at, 64. regulation for lauding gunpowder at, 64. regulation of wooden buildings built on, in second district, 118. prohibition of, without permission above Weybosset Bridge, 215, 216. penalty for neglect to repair, 213. city council may regulate use of public, 217. from Fox Point to India Point powers of city council over, 220. harbor-improvement loan may be used for building of, 225. structure at end of Dorrance Street, may remain until rebuilt, 225. port wardens to examine on, goods damaged on board vessel, 227. WHEEL OF FORTUNE, keeper of, to be deemed disorderly person, 56. WHITEWASH, cleansing of unsanitary premises by means of, 230. WHOLESALE DEALERS not to sell gunpowder without license, 61. in gunpowder to state business in application for license, 65. regulation of business of, 65, 66. WIDOW may administer estate instead of public administrator. 284. WIDTH of doors leading from places of assembly, 109. WIFE, abandoner of, to be deemed disorderly person, 55, 56. WILL, trust for care of lot in North Burial Ground may be created by, 273. WINDOWS, powers of city council to regulate, in streets, 9. construction of, over streets, of bay or oriel, 102. transom, to be provided in certain sleeping-rooms, 110. WIRE-DANCING, performers or exhibiters of, to be deemed disorderly persons, 56. WIRES, city council may make ordinances relative to electric, 10. historical notes relative to the placing of electrical, underground, 175-177. in streets, exclusive right to use, may be granted. 178. 188, 204. use of, may be regulated by city council, 180, 182, 190. notice to electrical companies to remove, 182, 189, 205. WITNESSES, police court may issue writs of summons for, 16. board of canvassers and registration may summon, 133, may compel attendance of, 133. WOOD, piling of, within certain limits, prohibited, 67, 68. not to be used to support certain walls of brick or stone, 99. if covered with metal may be used for coping of party wall, 99. WOODEN BUILDINGS within close limits in outer building districts, 90. thickness of foundation walls of, 95. in first district, to have roofs covered with incombustible material, 102. in first building district, alteration and repair of, 117. in second building district, regulation of, 117, 118. in second district, to have incombustible fire-stops, 118, 119. INDEX. 395 WOODEN CENTERING suypoi-tiug trimmer arch to be removed before plastering, 104. WOODEN CORNICE ou brick, stone, or iron buildings to be replaced, wlien, 102. WOODEN GUTTERS on brick, stone, or iron buildings to be replaced, when, 102. WOOD-WORK not to come within four inches of space in hollow wall, 98. incombustible cornices to be secured to walls independent of, 102. not to be secured to brick-work of flue, 104. protection of, from smoke-pipes, 104. from heating apparatus, 105, lOG. WOONASQUATUCKET RIVER, city water supply may be obtained from, 35. WORDS, combination of name of political party with other, prohibited, 151. WORDS AND PHRASES u.sed in building law, definition of, 90, 91. used in caucus law. definition of, 148. used in voting machine law, definition of, 1G6. 167. WORK-SHOP for light work, thickne,ss of external walls of, 97. limitation on height and area of, 97. fire-escapes may be required on, 117. protection to life from fire in certain, 122-12S. WRITING, authority to be present at count of ballots to be in, 131, 132. WRITS from municipal court, form, service, and return of, 14. when clei'k is a party, to be signed by judge, 15. of summons for witnesses may be issued by police court, 16. of habeas corpus ad testificandum, police court may issue, 16. justices of police court may vary form of, 16, 17. from police court may be served by constables and other ofiicers, 17. for witnesses, board of canvassers and registration may issue, 133. YARD, keeper of gaming implements in. to be deemed disorderly person, .56. limitation and regulation of gunpowder in, 61. of tenement-house, dampness in, to be prevented, 110. YEAR, term of junk license not to exceed one, 51. school committee to provide two terms in school, 79. allowed non-resident or minor for payment of assessment under Betterment Act, 251. municipal, limitations of increase or diminution of salary during, 12. unless otherwise provided, offices to be held during, 12. unless otherwise provided, vacancies to be supplied for, 12. YEAS AND NAYS to be entered on journal of either board, 6. LIST OF Acts of the General Assembly RELATING TO THE CITY OF PROVIDENCE, FROM 179 7 to 1901. Act of. Chap- ter. Subject Matter akd Disposition. 1797, May 4. Low Grounds. Repealed by Chap. 872 of March 12, 1901. 1802, June. Gunpowder. Repealed by Sec. 19, page 66. 1817, Oct. 31. Low Grounds. Repealed by Chap. 872 of March 12, 1901. 1817, Oct. 31. Buildings. Repealed by Act of November, 1843. 1805, Feb. 26. Storage of Lime. See page 67. 1815, June 23. Disturbance of Public Worship. Repealed by Chap. 872 of March 12, 1901. 1815, Nov. 3. Limits and preservation of the Harbor. See page 212. 1821, Oct. 30. Gunpowder. See page 60. 398 LIST OF SPECIAL STATUTES. Act or. 1821, Nov. 3. 1822, Jan. 22. 1823, Oct. 29. 1826, Nov. 1. 1829, Jan. 1830, June 25. 1831, Nov. 2. 1831, Nov. 4. 1833, June 29. 1833, Nov. 2. 1834, Oct. 1837, Jan. 21. 1840, Jan. 1841, Jan. 18. 1841, Oct. 27. 1842 Jan. 1843 Jan. 12. 1843 Feb. 4." 1843 Oct. 1843 , Nov. 1844 , Jan. Chap- ter. Subject Matter, axd Disposition. Sidewalks. See page 43. Certain Private Ways. See page 238. Sidewalks. See page 44. Repealed by Sec. 3, page 72. Highways. See Sec. 5, page 241. Harbor Master. Repealed by Sec. 2, page 218. Piling of Lumber. See page 67. Original Charter. Superseded by Chap. 598 of March 8, 1866. Inspector of Beef and Pork. See page 234. House of Correction. See page 52. Repealed by Sec. 3, page 72. Harbor Flats. See page 214. House of Correction. Superseded by Act of Jan. 1844. Sidewalks. See page 45. Wharves and Streets in the Cove. See page 215. Repealed by Sec. 3, page 72. Layout of Highways. See page 240. Ferries. See page 211. House of Correction. See Sec. 15, page 57. Steam Boilers. See page 85. Supersedes Act of January, 1840, and restores Sec. 7, page 53. LIST OF SPECIAL STATUTES. 399 1845, Jan. 16. 1845, Jan. 16. 1845, May 9. 1845, June 25. 1846, Jan. 16. 1847, June 25. 1848, Jan. 11. 1848, Jan. 18. 1848, May 4. 1851, Feb. 7. 1851, Oct. 1853, Jan. 17. 1853, June. 1854, Feb. 22. 1854. Feb. 24. 1855, March 3. 1855, May. 1855, June 1. 1855, June 15. 1855, June 15. Chap- ter. Subject Matter, axd Disposition. Animals at large. See page 57. "Watchmen and Special Constables. See page 47. Grants to Railroads in Cove. See page 216. Hiiildings. Superseded by Chap. 688 of 1878. F>\iildings. Superseded by Sec. 32, page 113. Cotton Waste. See page 59. Re-lay of High Street. Obsolete. Ferries. See page 211. Grants to Railroads. See page 217. Police Constables. Repealed by Act of June 1, 1855. Harbor Line. Repealed by Chap. 758, of April 10, 1879. Sale of Junk. Repealed by Chap. 871, of Mar. 8, 1901. Repealed by Sec. 3, page 72. Highway Betterment Act, See page 245. Removal of Buildings into adjoining Towns. Harbor Line from Dorrance Street Wharf to Sassafras Point. See page 219. Port Wardens. See page 226. Police Constables. Repealed by Chap. 823, of May 27, 1880. City Debt Bonded. See page 271. Sanitary Condition of Dwellings. Repealed \>y Chap. 872, of March 12, 1901. 400 LIST OF SPECIAL STATUTES. Act of. Chap- ter. Subject Mattek, and Disposition. 1856, March 4. Harbor Line on P^ast Side. Repealed Ijy Chap. 758 of April 10, 1879. 1857, Feb. 12. Intention to Build. Obsolete. See Cliap. 1406, page 120. 1858, Feb. 11. 261 Abandonment of certain Highways. See page 239. 1858, Feb. 19. 263 Railroad Grants to be submitted to the People. Re- pealed by Chap. 975 of April 11, 1872. 1858, March 5. 281 Unwholesome Provisions. See page 229. 1859, March 3. School Committee. Obsolete. See pages 76, 77. 1859, March 11. Drawbridge at India Point. Superseded by Chap, 759, of 1868. 1859, March 11. Harbor Master. See page 218. 1861, March 5. 362 North Providence Boundary Line. 1861, March 8. 367 North Burial Ground. See page 273. 1862, Jan. 28. 406 Highways on request of City Council. See page 242. 186-2, Sept. 6. 441 War Bonds. See page 271. 1863, Feb. 6. 466 North Burial Ground. Superseded by Sec. 1, page 275. 1863, March 14. 458 Animals " going at large." See page 58. 1865, Jan. 31. 557 Harbor Line from Fox Point to India Poiut, See page 219. 1865, March 15. 562 House of Correction. Repealed by General Stat- utes, of 1872. 1865, Marcli 16. 572 North Burial Ground. See Sec. 4, page 274. 1865, March 1 7. 580 Health. Repealed by Chap. 495 of 1885. See 16th R. I. Reports, page 196. LIST OF SPECIAL STATUTES. 401 1866, Feb. 6 1866, Feb. 6 1866, March 8 1866, March 8 1866, March 9 1866, Alarch 13 1867, Feb. o. 1867, Feb. 14. 1867, March 16. 1867, May 30. Chap- ter. 618 636 598 640 610 599 654 649 693 699 Si'BJECT Matter, and Disposition. 1868, March 12. 1868, March 12. 1868, March 5. ! 719 735 739 1868, March 25. ; 755 1868, June 10. 770 1868, June 10. 772 1869, March 9. 783 1869, March 12. 784 1869, March 24. 51 791 North Providence Boundary Line. Surety for costs not required. See page 47. City Charter. See page 1. Water Supply. See pages 34, 267. Superseded by Chap. 770 of 1868. Mayor has a casting vote. See page 3. Presidents of Fire Department. See page 71. School Committee. See page 75. Chief of Police. See page 48. Election of City Council. Repealed by General Statutes, of 1872. Powers of City Council, see page 2. Section 3, repealed by Chap. 371 of 1896. Collection of Taxes, obsolete by Chap. 922 of March 24, 1871. Deputy City Treasurer, see page 6. Registration of Bonds. See pages 20, 271. House of Correction. Repealed by Chap. 686 of April 12, 1878. Annexation of a portion of Cranston. Point Street Bridge. See pages 39, 271. Annexation of a portion of Cranston. Water Commissioners, obsolete. Water Bonds, see page 267. Witnesses before Committees. Superseded by Gen- eral Laws, Chap. 244, Sec. 6. 402 LIST OF SPECIAL STATUTES. Chap- ter. SuB.TECT Matter, and Disposition. 1869, March 24. 1869, May 27. 1869, May 28. 1870, March 30 1870, March 31. 1870, June 16. 1871, Jan. 24. 1871, Feb. 24. 1871, March 23. 942 1871, March 24. 1871, March 24. 1871, March 24. 1871, March 24. 1872, Jan. 25. 1872, Jan. 26. 1872. Jan. 31. 1«72, April 11. 1872, April 11. 1872, April 16. 1872, April 19. 1872, April 22. 807 821 820 872 870 880 897 900 921 922 931 941 967 965 966 975. 989 984 985 Drains and Sewers. Obsolete. Buildings. Repealed by Chap. 514 of June 25, 1875. Central or Red Bridge. See Note, page 42. Highways. Repealed by Chap. 619 of March 30, 1877. Harbor Line on West Side of Seekonk River. Point Street Bridge. See page 40. Land for Water Works. See pages 38, 267. Crawford Street Bridge. Superintendent of Public Buildings. See page 6. Rest of Act is Repealed. Highway Betterment Act. See page 253. Collection of Taxes. See page 5. Drains and Sewers. Obsolete. Immediate Suit on Water Bonds. See page 267. Water Bonds payable in Gold. See page 267. Special Commissions for Public Works. Obsolete, Highway Officers. Obsolete. See Sec. 10, page 31. Repeals Chap. 263 of Feb. 19, 1858. Bonds of Springfield R. R. Co. See page 271. Repealed by Chap. 382 of April 3, 1874. Fence Viewers. Repealed by Chap. 872 of 1901. Board of Public Works. Obsolete. LIST OF SPECIAL STATUTES. 403 Act of. Chap- ter. Srn.iECT Matter, ^.;n Disposition. 1872. April 23. Bonds of Springfield R. R. Co. Obsolete. 1H72, April 25. 978 Officers receiving Money or Fees. See page 1!. 1872, April 26. 988 Animals going at large. See page 58. 1872, April 26. 991 Higliway Betterment Act. See page 253. 1872, April 26. 992 Harbor Line between Sassafras Point and Field's Point. 1872, April 26. 993 lioard of Aldermen may build sewers through Pri- vate Land. Obsolete. 1872, May 31. 1002 Deputy Superintendent of Health. See page 233/ 1872, May 31. 1003 Water Supply. Obsolete. 1873, Feb. 14. 308 Land may be taken for School Purposes. Repealed by Sec. 5, page 81. 1873, Feb. 21. 309 Member of School Committee must reside in Ward. See Sec. 1, page 75. 1873, March 14. 310 Commissioners of Sinking Funds. See pp. 20, 271. 1873, March 14. 311 Date of Organization of City Government. Obso- lete except as to provisions incorporated in City Charter. See Clause 1 , page 3 ; Clauses 1 and 5, page 4. 1873, March 27. 31-2 Fireworks. Repealed by Sec. 6, page 60. 1873, March 28. 313 Board of Public Works. Superseded by Chap. 815 of 1880. 1873, March 28. 314 Brook Street District. Obsolete. 1873, March 28. 315 Land devised by Betsey Williams annexed to City of Providence. 1873, March 28. 316 Annexation of a portion of North Providence. 404 LIST OF SPECIAL STATUTES. Act of. Chap- TEK. 1873. March 28. 1873, May 30. 1873, May 30. 1873, May 30. 1873, May 30. 1874, March 27. 1874, April 3. 1874, April 3 1874, April 3. 1874, May 28. 1874, June 17. 1874, June 19. 1874, June 25. 1875, Jan. 28. 1875, Feb. 10. 1875, Feb. 16. 1875, Feb. 18. 1875. Feb. 18. 1875. Feb. 19. SuiwEC'T Matter, and Disposition. 317 333 334 335 336 365 377 ! 382 383 393 408 411 420 425 429 430 431 433 436 Highway Betterment Act. Surrender of balance of land. See page 255. Board of Public Works. Obsolete. Water Supply. Obsolete. Point Street Bridge. Superseded by Chap. 354 of 1883. Crawford Street Bridge. Obsolete. North Providence Annexation. Territory annexed under Chap. 365 of March 27, 1874, to be Tenth Ward. Obsolete. See page 146. City Council may divide City into not exceeding Twelve Wards. Obsolete. See note, page 17. Assessor of Taxes. Obsolete. Board of Public Works Obsolete. Law Department. See page 13. Brook Street District. Obsolete. North Providence Annexation. North Providence Annexation. Crawford Street Bridge. Obsolete. Water Bonds. See page 267. Board of Public Works. Superseded by Sees. 7, 8. and 9, pages 30 and 31. Sewer Bonds. See page 2 68. City Hall Bonds. See page 271. LIST OF SPECIAL. STATUTES. 405 Act of. Chap- ter. SriJ.IECT M.\TTER, .VNI) DISPOSITION. 1875, April lo. 460 Amends Chap. 436 of 1875. See page 271 1875, June 18. 502 Water Supply. Obsolete. Lost or Stolen Property in hands of police, see page 10. 1875, June 25. 514 Steam Boilers. See Sec. 8, page 85. 1876, March 14. 522 Vacancy in Office of Ward Clerk, how filled. Re- pealed. See page 136. 1876, March 3 1 . 523 North Providence Annexation. 1876, April 12. 528 Water Bonds. See page 267. 1876, April 20. 548 City Council may make ordinances relative to buildings. Superseded by Chap. 688, of April 12, 1878. 1876, April 20. 549 Board of Public Works. See last proviso of Sec. 4, page 29. 1876, April 20. 553 West Burial Ground. Obsolete. 1876, June 2. 567 Public Administrator. See page 283. 1876, June 14. 573 Water Bonds payable in gold. See page 267. 1876, June 14. 574 City Election. Repealed by Chap. 402 of 1896. 1877, March 30. 616 Swill and House OfFal. See page 232. 1877, March 30. 617 Steam Boilers. See Sec. 7, page 85. 1877 March 30. 619 Highway Betterment Act. Repealed by Public Statutes of 1882. 1877 May 31. 635 Sewer Assessments. Obsolete. 1877 June 1. Harbor Line in Seekonk River. 1877 June 1. 639 Permanent Salary Ordinance. Superseded by Chap. 1334 of 1894. 1878 April 8. Harbor Line in Seekonk River. 406 LIST OF SPECIAL STATUTES. Act of. Chap- ter. 1878. April 10. 666 1878, April 12. 685 1878, April 12. 686 Subject Matter, and Disposition. 1878, April 12. 1878, April 12. 1878, April 27. 1878, May 30. 1878, May 30. 1878, May 31. 1878, June 20. 1879, March 4. 1879, March 10. 1879, April 10. 1879, April 10. 1879, April 11. 1879, Nov. 8. 1880, April 8. 1880, April 15. 687 688 696 700 701 711 721 738 744 758 759 771 788 804 815 Municipal Indebtedness. See page 265. Constables. See page 69. House of Correction. Penalty for indecent intoxi- cation. See Sec. 13, page 56. City Hall, High School and Cove Basin Loan. See page 271. Building Law. See page 88. Harbor Line from Crawford Street to P int Street Bridge. Park Commissioners. See page 277. Bonds for balance of indebtedness. See page 271. Sewer Assessments. See Sec. 5, page 29. Commissioners of Sidewalks. Obsolete. North Providence Annexation. Board of Aldermen President pro tempore, page 4. Return of veto by Mayor, page 8. New elec- tions, page 18. Vouchers, page 13. Harbor Line from Crawford Street Bridge to Fox Point. Harbor Line near India Point. Harbor Line from Crawford Street Bridge to I'oint Street Bridge. Tenth Ward Voting Districts. Obsolete. See pages 146, 147. Klectric Wires. See page 10. Department of Public Works. See pages 26-31. LIST OF SPECIAL STATUTES. 40' Act of. 1880, April 16. 1880, April 16. 1880, April 16. 1880, May 27. 1881, April 19. 1881, April 22. Chap- ter. SuKJECT Matter, and DISPO.SITIO^'. 817 818 811' 823 8.56 867 1881, April 28. 1881, June 3. 899 1882, March 1. 1882, March 'J . 267 1882, March 22. 273 1882, March 24. 281 1882, March 31. 288 1882, April 14. 297 1882, April 21. 1882, April 21. 1882, June 2. 1883, March 7. 1883, March 28. 322 323 349 Reform School transferred to State. North Providence Annexation. Harbor Line near Sa.ssafras and Field'.s Point,s. Police Con.stables and City Watchmen. See page 46. Ordinance.s how amended or repealed. See pase 13. Appeals from Police Court to Municipal Court. Repealed by Chap. 371 of 1896. Harbor Line, Field's Point to Rock Island. Sewer Assessments. See page 32. Providence and Springfield R. R. Co. Field Burial Ground. Harbor Improvement. See page 271. City may sell Land in Brook .Street District. Highway Betterment Act. .See page 256. KiU'.h Board of City Council may make Rules, judge of Elections, and order new Elections. See page 7. Grade for platted Streets or Ways. See page 242. City may borrow money for payment of State Tax. See pages 21 , 271 . Appropriation for Gen. Burnside Statue. Harbor Line on West Side of Seekonk River. Washington Bridge. See pages 41, 271. 408 LIST OF SPECIAL STATUTES. Act of. Chap- ter. Subject Matter, ajjd Disposition. 1883, Marcl 29. 354 Lounging on Bridges. See page 10. 1883, April 10. 359 Superseded by Chap. 367 of May 14, 1896. 1883, April 12. 365 Harbor Line from Point Street Bridge to Hender- son Street, 1883, June 1. 384 Sewer Bonds. See page 268. 1884, Feb. 15. 388 Appropriation for Washington Bridge. See p. 271. 1884, May 1. 422 Land for Railroad Terminal Facilities. Expired. 1884, May 2. 431 City may take Proprietors' Burial Ground for a Public Park. 1884, May 29. 444 Boar 1 of Public Works. Obsolete. 1884, May 29. 449 Commissioners on Washington Bridge. 1885, Feb. 12. Time extended for subscription of Stock of Provi- dence and Springfield R. R. Co. Expired. 1885, April 10. 476 Harbor Line between Fox Point and Railroad Bridge at India Point. See page 220. 1885, April 23. 495 Superseded by General Laws of 1896, Chap. 91. 1885, April 24. 499 Undertakers. See page 276. 1885, April 24. 500 Drainage and plumbing of Buildings. Superseded by Chap. 1444 of May 30, 1895. 1885, April 24. 501 Board of Aldermen may make Regulations govern- ing Bootblacks, Newsboys and Venders. See page 68. 1885, April •24. '502 Tenement and Lodging Houses, how to be con- structed and conducted. See Sec. 28, page 110. 1885, April 24. 51H Channel to be dredged in Seekonk River, defined. 1885, May 28 520 Fireworks. Repeals Chap. 312 of 1873. See page 59. LIST OF SPECIAL STATUTES. 409 Act of. Chap- ter. SiB.jECT Matter, and Disposition. 1885 May •29. 528 Deputy Recorder of Deeds. See page 5. 1885 May ■29. 529 Election of a Member of the Board of Public Works. Obsolete. 1885 May 29. 530 Department of Public Works. See page 28. 1886, Feb. 12. 540 Appropriation for the 250th Anniversary of the Town of Providence. 1886, March 11. 552 Repealing-clause of Chap. 354 of 1883. Obsolete. 1886 April 30. 575 Public Market. Expired. 1886, April 30. 577 Water bonds. See page 267. 1886, April 30. 585 Election of Assessor of Taxes annually in Febru- ary. See page 5. 1886. April 30. 587 Board of Aldermen on request of City Council to appoint disinterested men to mark out highways. See page 243. 1887, Feb. 8. 611 Appropriation for Doyle Monument. 1887, April 19. 628 Commission to divide City into Wards. Obsolete. See Chap. 798 of 1900. 1887, May 6. 638 Intemperance. See note, page 56. 1887, May 6. 652 Washington Bridge. See page 271. 1887, May 6. 653 Annexation of a portion of Cranston. 1887, May 6. 654 School Committee. Superseded by Chap. 778 of 1889. 1887, June 3. 658 Highway Loan. See page 268. 1888, Feb. 28. 670 To place City Wires underground. See page 271. 1888, March 22. 707 Land for Sewerage Purposes. Expired. 410 LIST OF SPECIAL STATUTES. Chap- ter. Siii.TEfT Matter, and Disi-o.sition. 1888, March 23. 677 1888, March 23. 1888, March 23. 1888, May 31. 1889, March 14. 1889, March 14. 18S9, March 29. 1889, April 24. 1889, April 25. 1889, April 25. 1889, April 25. 1889, April 26. 18.S9, May 31. 1890, March 11. 1890, March 11. 1890, March 28. 1890. April 25. 1890, May 1. 1890, May 2. 680 683 722 77.S 782 775 779 776 777 781 780 813 87o 876 868 873 869 870 Office of Commissioner of Public Works created See pages 26 and 27. Tockwotton Park. Ward Meetings. Repealed by General Laws. To fill Cove Basin See page 271. School Committee. See page 76. Relief of Disabled Firemen and Policemen. See page 286. Judge of Municipal Court. Repealed by Chap. 371 of 1896. Judge of Police Court. Obsolete. Chief of Police, see page 11 ; Chief of Fire De- partment, obsolete by Chap. 1100 of 1892. To compel Sevverage Connections. See page 235. North Burial Ground. See page 275. Superintendent of Health. See page 233. Commissioner ot Public Works may employ a Sec- retary. See page 28. Washington Bridge Claims. See page 271. Land for Tockwotton Park. Railroad Passenger Station and Approaches. To purchase Thomas Davis Estate. See p;tge 272. Mayor to appoint Commissioner of Public Works. See pages 27, 28. Highway Loan. See page 268. LIST OF SPECIAL STATUTES. 411 AfT OF. Cmai-- TEK. SrnjECT Matter, and Disposition. 1890, May 2. 871 Aimiial Appropriation for Rhode Island Hospital. See pa<;e 236. 1890, May 2. 872 To cause Electric Wires to be placed Underground. Superseded by Act of May 19, 1892, page 203. 1890, May 2. 874 School Comniittee to fill a Vacancy. Obsolete. 1890, May 30. 913 To purchase Site for State House. See page 272. 1890, May 30. 914 Harbor Line from Fox Point to Railroad Bridge. See page 221 . 1890. June 19. 915 Wardens and Clerks, Mayor may appoint. Re- pealed by Chap. 798 of 1900, page 135. 1891, March 21. 946 Hopkins Burial Ground for Park purposes. 1891, April U. 944 Loan for School-houses and Lots. See page 269. 1891, April 30. 941 Highway Loan. See page 268. 1891, April 30. 942 Sewer bonds. Amends Chaps. 433 of 1875, and 384 of 1883. See page 268. 1891, April 30. 943 To borrow S500,000 for Parks. See page 270. 1891, April 30. 945 Water Bonds. See page 267. 1891, May 28. 993 Park Lo.in. Amends Chap. 943. See page 27(>. 1891, May 28. 994 Highway Loan. See page 268. 1891, May 28. 995 School Loan. Amends Chap. 944. See page 269. 1891, May 29, 975 Act authorizing Cities and Towns to grant Fran- chises in Highways. See page 178. 1891, May 29. 99G School Committee. See page 76. 1891, May 29. 997 To build a Retaining Wall from Hill's Wharf to Sassafras Point. See pages 224, 272. 412 LIST OF SPECIAL STATUTES. Act of. Chap- ter. SuB.iECT Matter, and Disposition. 1891, May 29. 998 To coDfiemii Land for Fenner Park. 1891. May 29. 999 Johnston Boundary Line. 1891, July 24. 1018 Laud for Roger Williams Park. See page 270. 1891, Aug. 4. Resolution ordering vSpecial Election for Senator. 1892. March 8. 1041 Abandonment of Passenger Station. 1892. Marcli 16. 1096 Harbor Line, Fox Point to India Point. See paije 222. 1892, April 21. 1103 School Committee, when to organize. See page 77. 1892, April 29. 1102 Trees in Public Highways. See page 259. 1892, May 3. Franchise Act of Union Railroad Co. See page 181. 1892, May 19. Franchise Act of Narragansett P^lectric Lighting Co. See page 203. 1892. May 21. 1100 P^ire Commissioners created. See page 72. 1892, May 21. 1101 City Council to define Grade of Private Ways or Streets. Repealed by Chap. 1238 of 1893^! 1892, June 3. 1139 Loan for Central Police Station. See page 272 1892, July 1. 1140 Annexing that portion of Cranston taken for Park Purposes. 1892. Oct. 7. 1157 Appropriation for Columbus Day. 1893. March 2. 1226 Water Bonds. See page 267. 1893, March 2. 1227 Highway Loan. See page 268. 1893, Maich 2. 1231 Sewer Bonds. See page 268. 1893, March 7. 1229 Davis Park Loan. See page 270. 1893, March 15. 1237 Act of Recorder of Deeds Validated. LIST OF SPECIAL STATUTES. 413 Act of C HAl'- TKK. 1893, March 22. 1235 1893, April 19. 1230 1893, April 28. 1228 1893 May 3. 1234 1893, May 4. 1236 1893, May 4. 1239 1893, May 16. 1232 1893, May 16. 1238 1893, May 17. 1893, May 23. 1893, May 25. 1894, March 28. 1292 1 233 1894, April 13. 1894, May 1. 1894, May 11. 1894. May 30. 1290 1291 1293 1333 SUHJECT Matter, and Disposition. Filling ot Cove Basin. Amends Chap. 722 of 1888. See page 272. Loan for Roger Williams and Blackstone Parks. See page 270. School Loan. See page 269. City Treasurer may issue Bonds, when. See page 22. To regulate the use of certain portions of High- ways (Elmwood Ave). See page 260. F^xeinption of certain Corporations from Sewer assessments. See page 32. Pension Fund for Policemen and Firemen. See page 287. Repeals Chap. 1101. Providence Cable Tramway Co. may use Electricity as a Motive Power. See page 190. Act requiring Providence Cable Tramway Co., and Union R. R. Co. to make payments to City, and in addition and amendment of Franchise Act. S e page 187. Additional Loan for Central Police Station. See page 272. Statue of Ebenezer Knight Dexter. Bonds to be paid in Gold. See page 22. Loan to buy Land for Parks. See page 270. Commissioner of Public Works to sprinkle Streets. Repealed by Chap. 1338 of 1894. Appropriation for Dedication of Statue of Ebene- zer Kniirht Dexter 414 LIST OF SPECIAL STATUTES. Chap- ter. Subject Matter, and Disposition. 1894 June 12. 1894, June 12. 1894, June 12. 1894, June 12, 1894, June 13. 1894, June 13. 1332 1335 1336 1338 1334 1337 1894, June 13. 1339 1895, Feb. 20. 1895, Feb. 26. 1895, Feb. 28. 1895, Feb. 28. 1895, Feb. 28. 1895, March 1. 1895, April 11. 1895, April 23. 1400 1399 1402 1404 1405 1408 1403 1407 City to build Red Bridge. See pages 42, 272. Wardens and Clerks. Repealed by Chap. 798 of 1900. Con]mis!«ioner of Public Works to build Sewer Connections inside Curb Line. See page 33. Repeals Chap. 1293 relative to Watering Streets. Salaries of City Officers. See pages 11 and 12. Streets to be watered, when, and expense to be assessed on Abutting Owners. See page 261. Buihling Law. Sec. 1, see Sec. 2, page 89. 'Sec. 2, see Sec. 4, page 90. Sec. 3, see Sec. -'<, page 92. Sec. 4, see Sec. 20, page 102. Sec. 5, see Sec. 23, page 107. Sec. 6, see Sec. 34, page 117. Sec. 7, amended by Chap. 1411, Sec. 1. Sec. 8, amended by Chap. 1411, See. 2. Loan for School-houses and Lots. See page 269. Highway Loan. See page 268. Land for School Purposes. See pages 79, 269. City Hall and Sewer Loan. See pages 268, 272. Board of Canvassers and Registration created. Su- perseded by Chap. 8 of the General Laws, Sees. 22 to 27 inclusive. See pages 129-131. To contract with the R. I, Hospital for a Hospital for Contagious Diseases. See page 236. To make new Contracts with Union R. R. Co. in re Transfer Ticiiets. See page 191. Of cases of neglect to connect with Sewers on Sew- ered Streets. See page 235. LIST OF SPECIAL STATUTES. 415 Act of. Chap- ter. SrB.TECT Mattek, and Disposition. 1895, May 17. I 1406 1895, iMay 17. 1411 1895, May 22. 13!)8 1895, May 22. 1401 I 1895, May 22. 1409 1895, May 25. | 1410 I 1895, May 30. ' 1444 1896, April 16. 1896, April 24. 1896, April 28. 1896, May 7. 1896, May 13. 1896, May 14. 1896, May 14. 1896, May 14. 1896, May 14. 1896, May 15. 1896, May 28. 372 364 365 373 371 363 366 367 369 368 402 Building Law amended. See page 120. Building Law. Seel, superseded by Chap. 483. Sec. 2, see Sec. 36, page 118. Brown University to build a Conduit with consent of City Council. Loan for Park Purposes. See page 270. To condemn Land tor Park Purposes. See page 270. Bequests to Nortli Burial Ground. See page 273. Drainage and Plumbing of Buildings. See page 280. Relief of Disabled Firemen and Policemen. See page 287. To hire money for building School-houses and buy- ing Land therefor. See page 269. Improvement of Davis Park. See page 270. Union R. R. Co. to establish a system of Free Transfers, when. See page 193. Municipal Court and Police Court. See pages 14-17. l5oard of Canvassers made a Returning Board in Municipal Elections. See page 131. Admiral Hopkins Statue. Inspector of Buildings. See Sec. 6, page 91. Highway Betterment Act. See page 257. Assistant Inspectors of Plumbing. See page 281. Date of Municipal Election. See pages 17, 18. 416 LIST OF SPECIAL STATUTES. Act of. Chap- ter. SuH.JECT Matter, and Disposition. 1896, Oct. 1. 435 Silver Spring B. & D. Co. to build a Conduit with consent of City Council. 1896, Oct. 2. 418 Widening of Smith and Francis Streets. 1896, Oct. 2. 420 Powers of School Committee. See page 77. 1896, Oct. 2. 424 Harbor Line defined between Fox Point and Rail- road Bridge. See page 223. 1896, Oct. 2. 425 To hire money for Roger Williams and Blackstone Parks. Seepages 270, 278. 1896, Oct. 2. 426 To hire money to buy Land adjoining City Yard. See page 272. 1896, Oct. 2. 427 To hire money to build a Casino at Roger Williams Park. See page 270. 1897, Feb. 4. 480 Act relative to Dorrance Street Wharf. See page 225. 1897, Feb. 5. 481 Use of Unexpended Balances of Appropriations. See page 23. 1897, April 2U. 482 To hire money for building Weybosset Bridge and River Walls. See page 272. 1897, April 30. 478 Comfort Street closed. 1897 May 4. 483 Building Law amended. See Sec. 35, page 117. 1897, May 14. 484 To hire money for Central Fire Alarm System. See page 272. 1897, May 18. 453 City Council to (\yi Fees of Dog Officers. 1897, May 21. 474 Fees for Licenses and Commissions. See page 23. 1897, May 21. 485 School Teachers' Retirement Fund. See page 82. 1897, May 27. 510 To hire $300,000 annually for School-houses and Lots. See pages 82, 269. LIST OF SPECIAL STATUTES, 417 Act of. Chap- TEK. 1897, May 1898, Feb. 27. 16. 511 525 1898, March 4. 1898, May 6. 1898, May 6. 1898, May 6. 1898, May 6. 1898, May 6. 1898, May 6. 1898, May 6. 1898, June 2. 1898, June 15. ! 898, June 15. 1898, June 15. 1898, June 15. 1898, June 15. 526 549 555 556 557 558 559 562 593 580 586 587 596 597 Subject Matter, and Disposition. 1899, Feb. 17. 632 53 Claim of Heirs of Thomas Ruona. To hire money for furnishing Casino at Roger Williams Park. See page 270. To supply Schools with Sanitary Furnishings. Ex- pired. Duties and Fees of City Registrar. Combustible Materials in Buildings. See page 73. Weybosset Bridge Act amended. See page 272. To issue Licenses for the sale of certain articles. Repealed by Chap. 846 of Mar. 28, 1901, page 49. To place Fire Alarm Wires Underground. See page 272. Red Bridge. In addition to Chap. 1332 of June 12, 1894. Appeal and procedure. Annexing a portion of Johnston. School Committee may educate Children at Normal School. See page 78. An Act providing for a Tax on Street Railways. See page 197. Parcel of Land liable only for its own Tax. Attendance of Children in Public Schools. See page 79. Johnston Annexation, Probate Matters in. Amends Chap. 562 of May 6, 1898. Records, etc., of annexed Johnston Territory. Amends Chap. 562 of May 6, 1898. City may regulate use of Sewers. See page 34. 418 LIST OF SPECIAL STATUTES. Chap- ter. 1899, Feb. 21. 1899, Feb. 21. 1899, Feb. 21. 1899, March 3. 1899, March 3. 1899, March 3. 1899, May 3. 1899, May 10. 1899, May 18. 1899, May 23. 1899, May 23. 1899, May 25. 1899, May 26. 1900, Feb. 9. 1900, April 12. 1900, April 20. 607 633 634 621 635 636 688 660 662 666 687 690 689 726 764 737 Subject Matter, and Disposition. Right of way for Ambulances. See page 49. Weybosset Bridge Act amended and additional work authorized. Mill Sti'eet Bridge and Lay-out of Exchange Place. See page 272. To borrow money for Evening Schools. See page 269. Compensation for collection of Statistics of Births. To hire money for Highway purposes. Charles Street. See page 268. Shelters may be constructed from Buildings over Sidewalks. See page 121. School Bonds. Amends Chap. 364 of April 24, 1896, and Chap. 510 of May 27, 1897. Appropriations for Public Celebrations and for Band Concerts. See page 24. Political Committees and Caucuses. See page 148. Abandonment of Highways. See page 258. Johnston Annexation. To refund Johnston Debt assumed by the City. See page 272. To hire money for Improvement of the Harbor. See pages 224, 272. Bi'own & Sharpe Mfg. Co. to build Bridges over Streets with consent of City Council. To refund portion of Water Loan. See page 267. Amends Chap. 580, Union Railroad Franchises. See page 202. LIST OF SPECIAL STATUTES. 419 Act of. Chap- TKR. SrB.iEcT Mattf.k, and Disposition. 1900. May 3. 744 An Act permittiuir cities or towns to use Voting Machines at Elections. 'Repealed by Chap. 859 of March 29, 1901. See page 172. 1900, May ;;!. 76") Revised Ordinances exempted from Publication. Ob- solete. 1900, June lo. 794 Secretary of State to Purchase Voting Machines, wlien. Superseded by Chap. 859 of March 29, 1901. See page 164. 1900, June 13. 798 Commission to re-adjust Ward Lines. See page 135. For Report of Commission see page 138. 1900. June 13. 799 To hire money for buihling a Central Fire Station and other purposes. See page 272. 1900, June 13. 800 To hire $200,000 for Street from South Wcater Street to Prospect Street. See pages 263, 268. 1900, June 13. 801 To hire §40,000 for a Police Station and Stable. See page 272. 1901, Feb. 13. 870 Receipts from Sewer Assessments. See page 25. 1901, March 8. 871 Junk Dealers' License Act. See page 51. 1901, March 12. 872 Obsolete Acts concerning the City of Providence re- pealed. 1901, March 13. 873 Harbor Line from Bower Street to Red Bridge. 1901, March 14. 874 Authorizing Brown University to build conduit under Prospect street. 1901, Marcli 19. 909 Exempting posting of voting lists. Obsolete. 1901, Marcli •28. 846 Peddlers' License Act. See page 49. 1901, March 29. 859 Voting Machine Act. See page 162. 19U1, March 29. 867 Caucus Act Amended. See page 148. 420 LIST OF SPECIAL STATUTES. 1901, March 29. 1901, March 29. Chap- tee. 875 876 Subject Matter, and Disposition. Amending Chap. 426 of 1896, and authorizing purchase of land for Blackstone Park. See pages 270, 279. To hire $160,000 for highway purposes. 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