LIBRARY OF THE University of California. ■JIFT OF -^ ^^- T-^^^^^^ Class /^T. V " ' Carl C. FleliQ Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/charterordinanceOOprovrich X THE CHARTER AND ORDINANCES OF THE CITY OF PROVIDENCE; WITH THE ACTS OF THE GENERAL ASSEMBLY RELATING TO THE CITY. PUBLISHED BY ORDER OF THE CITY COUNCIL. PROVIDENCE: KNOWLES AND VOSE, PRINTERS. 1845. ^4K The Ordinances of this City, and the Laws of the State specially- relating to the City, are, in conformity with the instructions of the City Council, herein published, under the direction of the under- signed. THOMAS M. BURGESS, THOMAS B. FENNER, WILLIAM S. PATTEN, JAMES C. HIDDEN, [.Committee. JOHN J. STIMSON, JOSIAH F. CROCKER, JOSEPH BURROWS, Jr. City of Providence^ May 1, 1845. CHARTER. STATE OF RHODE-ISLAND AND PROVIDENCE PLANTATIONS, IN GENERAL ASSEMBLY, OCTOBER SESSION, A. D. 1831. An Act to incorporate the City of Providence, Section 1. Inhabitants of Providence incorpora- ted — power to make laws — to hold courts. 2. Administration of government vested in Mayor, Aldermen, and Common Council. — Town meetings in relation to Dexter donation. 3. Mayor — powers and duties — salary. 4. City Council — powers and duties — salaries of aldermen — taxes how as- sessed — annual statement to be pub- lished. 5. Town by-laws not repealed by this act. 6. Municipal court — one judge — to have probate jurisdiction — ^jurisdiction over Section other matters.— Appeals.-When judge is interested, alderman to act as judge. 7. Police Court jurisdiction — for form of proceeding, see Act in amendment. 8. Wards — ward meetings and officers. — Elections. — Annual organization on first Monday of June. — City Clerk to be chosen by ballot — duties of city clerk. — Board of aldermen to choose president pro tem., who in certain ca- ses may act as mayor. 9 & 10. These sections relate to general elections and admission of freemen, which since the adoption of the Con- stitution have become obsolete. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the inhabitants of the town of Providence shall continue to be a body politic and corporate, by the name of the " City of Providence ;" and, as such, shall have, exercise and enjoy all the rights, immunities, powers, privileges and franchises, and shall be subject to all the duties and obligations now appertaining to or incumbent upon said town as a municipal corporation, or appertaining to or incumbent upon the freemen and town- council thereof; may ordain and publish such acts, laws and regulations as shall be needful to the good order of said body politic, and inflict fines and penalties for the breach thereof, not exceeding two hundred dollars and six months imprison- ment for any one offence ; and may hold courts of judicature, with the powers and jurisdictions hereinafter mentioned. Sec. 2. And be it further enacted, That the administra- tion of all the fiscal, prudential and municipal aff'^irs of said 228736 4 CITY CHARTER. city, with the government thereof, shall be vested in one principal magistrate,^ [being a freeholder and freeman of said city,] to be called the Mayor ; one council of six [freemen, being also freeholders,] to be called the Board of Aldermen ; and one council of tv^enty-four [freemen, ;being also freehold- ers,] to be called the Common Council which boards shall, in their joint capacity, be called the City Council ; together with such other magistrates or officers as by this Act are, or hereafter may be, by the laws of this State and of said city, prescribed ; who shall be sworn or affirmed to the faithful performance of the duties of their respective offices, and to support the Constitution of the United States : provided^ how- ever^ that it shall at all times be lawful for the freemen of said city of Providence, or any number of them not less than for- ty, to hold town meetings in said city, for the purpose of transacting business in relation to the property and estate devised to the town of Providence by the last will and testa- ment of Ebenezer Knight Dexter, and denominated the Dex- ter Donation, and the Asylum, and other town or city property connected therewith ; and the times and places of holding such meetings, and the warning thereof, shall be appointed and directed by the city council ; and the proceedings of every such town meeting shall be recorded in a book to be kept for that purpose by the city clerk, who shall ex officio be the clerk of said meetings. Sec. 3. And he it further enacted^ that the mayor of said city shall be the chief executive magistrate thereof, and shall be ex officio a justice of the peace within the city. It shall be his duty to be vigilant and active in causing the laws to be executed and enforced ; and in order to enable him more ef- fectually to preserve the peace and good order of the city, all the powers given to sheriffs and other officers in and by an Act entitled " An Act to prevent routs, riots and tumultuous assemblies, and the evil consequences thereof," are hereby conferred upon him. He is also hereby empowered to com- mit to prison, for a term not exceeding twenty-four hours, any dissolute person or persons who may be detected in rev- ehng in the streets, committing any mischief, quarrehng, or otherwise behaving in a disorderly manner, to the disturbance or annoyance of the peaceable inhabitants of said city. He is also empowered to enter any house or building which he * The parts of the charter included in brackets have been materially modified by acts in amendment of the charter, and by the constitution and election laws of the state. CITY CHARTER. O has reasonable cause to suspect to be inhabited by persons of ill fame, or to which persons of dissolute, idle or disorderly character are suspected to resort ; and if any dissolute, disor- derly or vagrant persons are found assembled in or about such house or building, he shall command all such persons imme- diately to disperse, if in his opinion the good order of any portion of the city requires it ; and in case of neglect or re- fusal to obey such command, he is hereby authorized to commit any person or persons so disobeying to prison, for a term not exceeding forty-eight hours ; and, if need be, he may require the aid of any sheriff, deputy sheriff, town-ser- geant, constable or watchman, or all of them, together with such other aid as may be necessary. He shall inspect the conduct of subordinate officers, and cause their violations of duty to be prosecuted and punished. He may call meetings of the boards of aldermen and common council, or of either of them, although one or both of them may have been ad- journed to a more distant day. He shall, from time to time, communicate to both of them such information and recom- mend such measures, as the business and interests of the city may, in his opinion, require. He shall preside in the board of aldermen, and in joint meetings of the two boards, but shall have only a casting vote. The salary of the mayor, for the first year in which this charter shall take effect, shall be one thousand dollars, and no more. He shall afterwards be compensated for his services by a salary to be fixed by the city council, in the month of March in each year, payable at stated periods ; and he shall receive no other emolument. No regulation to change or diminish said compensation shall take effect until the expiration of the time for which the mayor in office at the time of such regulation shall have been chosen. Sec. 4. And be it further enacted, that the executive powers of said city, generally, and the administration of po- lice, with all the powers now possessed by the town council of the town of Providence, and of its members, by virtue of their offices, (whether said last mentioned powers are conferred by the general assembly or by the town,) except the power of passing by-laws and ordinances, shall be vested in the mayor and aldermen. All other powers now vested in, or by this charter conferred upon, the inhabitants or freemen of Provi- dence, or in the town council thereof, shall be vested in the mayor and aldermen and the common council of said city, to be exercised by concurrent vote, each board to have a nega- tive upon the other. But elections of officers by the city O CITY CHARTER. council shall be had in convention of the two boards, and whenever required by any member of the convention shall be by ballot. The city council may define the duties and fix the compensation and fees of officers, in cases where such duties, fees and compensation shall not be defined or fixed by the laws of this state ; and may by concurrent vote, two thirds of the members present of each board voting in the affirmative, remove officers for misconduct. But no compen- sation shall be allowed to any member of the common coun- cil, nor shall any member of either board be ehgible, within the time for which he shall have been elected as such, to any office of profit in the gift of the city council. Each alder- man shall receive an annual salary of one hundred dollars, and no more. All officers shall be chosen and vacancies sup- pHed for the current year, except as herein otherwise directed. The city council shall take care that moneys shall not be paid from the treasury unless granted or appropriated ; shall secure a just and proper accountability, by requiring bond, with suf- ficient penalty and surety or sureties, from all persons intrust- ed with the receipt, custody and disbursement of moneys ; shall have the care and superintendance of city buildings, and the custody and management of all city 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 pro- perty as they may think useful to the public interest. All taxes ordered to be assessed by the city council, or by the general assembly, shall be assessed, apportioned and collected accord- ing to the modes prescribed by the laws of this state ; and the city council shall, as often as once a year, cause to be pub- lished, for the information of the freemen, a particular account of receipts and expenditures, and a schedule of city property. Sec. 5. And be it further enacted, that all the by-laws, or- dinances and regulations heretofore made by the freemen of the town of Providence, or by the town council thereof, and now in force, shall, notwithstanding this Act, be and remain in force until they shall expire by limitation, or be repealed by the city council. And prosecutions and suits may be com- menced and proceeded thereon, in the name of the city, or of the officers or other persons by said by-laws, ordinances and regulations empowered or directed to proceed and sue ; and the fines and penalties recovered shall go to the uses in such by-laws, ordinances and regulations named, or according to law. Sec. 6. And be it further enacted, that the judicial powers herein granted shall be exercised by a municipal court, to be holdenby one judge, to be appointed by the city council; and CITY CHARTER. / by a police court, to consist of so many of the justices assign- ed to keep the peace within said city by the general assembly, not exceeding three, as shall be annually selected by concur- rent vote of the city council, and oftener in case of vacancy ; any one of whom shall constitute a quorum. The said courts may punish for contempts, by fine and imprisonment. The judge of said municipal court 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 may adjourn the same to such time as may be necessary on that account. The said judge shall exercise the probate jurisdiction now exercised by the town council of Providence ; and the probate business of said town council, unfinished at the time of his coming into ofiice, shall be pro- ceeded in and finished by the municipal judge. The munici- pal court shall have original jurisdiction of suits for offences against the by-laws, ordinances and regulations of the free- men of the town of Providence, of the town council of said town, and of the city council of said city, in which the pen- alty or fine shall exceed ten days' imprisonment, or twenty dollars. It shall have final appellate jurisdiction in suits orig- inally brought at the police or justice's courts against inhabit- ants of said town or city, for offences against by-laws, in which the fine or penalty shall not exceed twenty dollars, or ten days' imprisonment. The judge of said court may em- panel juries of the freemen of the city, to be drawn by the board of aldermen in the same manner as heretofore by the town council, to be taken up by writ of venire facias, or from the by-standers : and the plaintiff or appellant in said court shall pay to the clerk thereof the sum of five dollars for the trial of each cause, before the verdict thereon shall be ren- dered, to be by said clerk paid into the city treasury. It shall be lawful for said judge so to alter the form of writs and other process, whether of common law or probate, as to make the same consistent with the organization, style and jurisdic- tion of the court ; and such writs and process shall have the same validity and extent, and be served, obeyed, enforced and returned in the same modes and by the same officers, as are the writs and other process from courts of common pleas and of probate : provided, however, that said writs and other pro- cess may also be served by the constables of said city. The said judge shall cause records of the proceedings, judgments, orders and decrees of the court to be kept by the clerk there- of, who shall be appointed by the city council. The judg- CITY CHARTER. ments, orders and decrees of said court, in cases originating therein, may be appealed from, as by law prescribed in cases originating in courts of probate or of common pleas. The supreme [judicial] court shall thereupon render final judgment. Provided^ that nothing herein shall deprive any person of his writ of review, or of his right to petition the supreme [judi- cial] court for a new trial ; and provided, also, that if said municipal judge shall be personally interested, or related within the ninth degree to a party in any cause in said court, and if any party in said cause shall object to him on that ac- count, the mayor and aldermen shall appoint one of the al- dermen to constitute said court, and act as municipal judge in that cause, who shall have the same power as the munici- pal judge. And 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. And all executions issuing from said court shall be returnable to the next term thereof. Sec. 7. And he it further enacted^ that the police court of said city shall have exclusive original jurisdiction of suits for offences against the by-laws, ordinances and regulations of the freemen of the town of Providence, of the town council of said town, and the city council of said city, in which the punishment shall not exceed ten days' imprisonment, or twen- ty dollars fine ; [and shall be holden at such times and places in said city as may from time to time be provided by the city council. The justices thereof shall have the same power and jurisdiction which other justices of the peace have in criminal cases ; and all writs and process signed by any one of them shall be valid to all intents and purposes. Said court shall keep a regular docket of all cases therein, shall record its judgments, orders and sentences, and furnish certified copies thereof, when required ; and shall receive the same fees for all copies as are allowed by law to clerks of the courts of com- mon pleas.]* In cases between inhabitants of the city, any party aggrieved by a judgment of said court may appeal to the municipal court ; but in cases where one of the parties shall not be an inhabitant of the city, any party so aggrieved may appeal to the court of common pleas of the county ; and the judgment of said municipal court, or court of common pleas thereon, shall be final : appeals may be had in all other cases as by general law provided. Sec. 8. And he it further enacted^ that for the purpose of holding elections, the said city shall be divided into six wards. See Act in addition. CITY CHARTim. ^ to contain, as nearly as may conveniently be, an equal num- ber of freemen. And it shall be the duty of the city council, from time to time, not more than once in five years, to revise, and, if it be needful, to alter said wards, in such manner as to preserve, as nearly as may be, an equal number of freemen to each. A quorum for the transaction of business in ward meetings shall consist of at least eleven freemen. In each ward there shall, annually, on the [third Wednesday of April,]* be chosen a warden and clerk, who shall hold their offices for one year, and until others shall have been chosen to their pla- ces. The wardens shall preside at the meetings of the wards, with the powers and duties of moderators of town- meetings ; and the clerk shall record all the proceedings, and certify the votes given. [Immediately after the choice of warden and clerk, the freemen present shall elect, by a ma- jority of the votes given in each ward, four of the freemen of said ward to be members of the common council. As soon as the requisite number of common council-men shall have been chosen,! each freeman shall carry in his written or printed ballot, endorsed with his name, for one freeholder, being a freeman of said city, for mayor ; and six such free- holders, being freemen, that is to say, one from each ward in the city, to be aldermen thereof, for one year from the first Monday of June then next to ensue.] All the ballots for mayor and aldermen shall be sorted, counted, registered, de- clared, sealed up, certified and directed, in open ward meet- ings, to the city clerk, and shall be opened and counted by the board of aldermen, who shall cause written notice to be given to such persons, not then of the board, as shall have received a majority of the votes given ; and if no mayor, or less than six aldermen, shall be chosen, or any person chosen shall refuse to accept, shall issue warrants for another elec- tion ; and so, from time to time, shall order new elections, until a mayor and six aldermen shall have been chosen by a majority of the freemen voting. The said board may also, in case of vacancy in the office of mayor, happening within the year, direct such vacancy to be filled by a new election. On the first Monday of June, in each year, the mayor, alder- men and common council-men elect, shall meet in conven- tion. The members elect of the common council shall de- liver to the mayor, or presiding officer, their certificates of election ; and the mayor shall administer to such of the * Second Wednesday of May— Laws of R. I., p. 305. t See act in amendment, for election of common council-men. 10 CITY CHARTER. members of the two boards as shall be present, not already sworn or affirmed, the oath or affirmation herein before pre- scribed ; and thereupon the convention shall ballot for a city clerk. The city clerk shall be clerk of the board of alder- men. He shall perform such duties as may be prescribed by the board of aldermen or city council, and discharge all the duties and exercise all the powers by law incumbent on or vested in the town clerk of the town of Providence, except- ing as probate clerk ; and all acts done by said city clerk, which were formerly required of said town clerk, shall have the same binding effect upon all persons as though done by said town clerk. He shall give notice, in one of the city pa- pers, of the times and places of regular ward meetings ; but the place of each regular ward meeting, and also the day and hour, when not fixed by law, shall be determined by the board of aldermen. The said board of aldermen may, in the ab- sence of the mayor, choose a president pro tempore, who shall preside at joint meetings of the two boards, and who shall also, in the absence of the mayor from the city, or in case of his inability, exercise, for the time being, all the powers and duties of mayor. The common council shall choose a presi- dent and clerk. Each board shall keep a record of its pro- ceedings, and the yeas and nays of the members of either board, on any question, shall, at the desire of one fifth of those present, be entered on the journal. Each board may determine the rules of its proceedings, judge of the elections of its own members, and in cases of failure of elections, or of vacancy by death, absence, resignation or disabiUty, may order new elections. A quorum for the transaction of busi- ness shall, in each board, consist of a majority of the mem- bers thereof. Sec. 9. And be it farther enacted, that elections of rep- resentatives from the city of Providence to the general as- sembly, and all general elections by the freemen, shall be held in the said city, at the ward meetings thereof. The votes given for representatives to the general assembly shall be en- dorsed with the names of the persons voting, shall be declar- ed in open meeting, sealed up, certified and deUvered to the city clerk. The votes given for general officers, for electors of president and vice-president of the United States, and for representatives to Congress, shall, at the close of the election, be also declared in open meeting, sealed up, certified and deUvered to the city clerk. Those for representatives to the general assembly shall be opened and counted by the board of aldermen, who may order new elections, until the whole CITV CHARTER. li number of representatives shall have been chosen ; and every representative elect shall be furnished by the city clerk with a certificate of his election. [The packages of votes given for general officers for electors of president and vice-president of the United States, and for representatives to Congress, shall not be opened by the board of aldermen, but shall be by the city clerk, in open board, enclosed and sealed up, di- rected and deUvered, according to law.*] [Sec. 10. And be it further enacted, that inhabitants of the said city of Providence, legally entitled to become freemen thereof, may be admitted as such, by the board of aldermen and common council, in joint meeting ; they having produced their deeds or other evidence of title, and been propounded on the records of said joint meeting, or in town meeting be- fore the organization of the city government, at least three months before such admission, (except in cases of the eldest sons of freemen, and freemen of other towns possessing a sufficient freehold within the city,) and having otherwise con- formed to the requisitions of law touching the admission of freemen. The names of all freemen shall be entered by the city clerk in a general list, alphabetically arranged ; and it shall be his duty before making up the ward lists of freemen, hereinafter mentioned, to return to the board of aldermen the names of all persons who, having sold or been divested of their estates, shall be disqualified from voting. The said board of aldermen shall, at least ten days before all regular city and general elections, and as early as practicable before all other elections, cause a list of the freemen of each ward to be sent to the clerk thereof, who shall immediately post up a cer- tified copy thereof, at the place of the ward meeting. And any freeman, not disqualified, whose name shall have been omitted from said list, shall nevertheless be admitted to vote, on producing to the warden a certificate of his quahfications from the board of aldermen, dated subsequently to the date of the ward list of freemen ; which certificate shall be given by the clerk of the board, without fee. And any freeman whose name shall have been omitted as aforesaid, and who shall have omitted to procure said certificate, shall be admit- ted to vote, on making oath before the warden, (who is here- by authorized to administer the same,) that he is an inhabit- ant of the ward wherein he offers to vote, has been duly ad- * For mode of making returns for general officers, presidential electors and repre- sentatives to Congress, see Constitution of State of Rhode-Island, and act to regu- late the election of civil officers. 12 CITY CHARTER. mitted a freeman of said city, and is really and bona fide qualified with sufficient estate, as is required by law, or is the eldest son of a freeman so qualified, and is an inhabitant of said ward. No person not on said list, not having a certifi- cate as aforesaid, and not taking the oath abovementioned, shall vote, except as hereinafter provided. Freemen of other towns, residing in any ward of the city, may vote therein, for general officers, on producing certificates from the town clerk of such towns, as by law provided. In cases where the suf- ficiency of the estate of persons voting shall be disputed, and such persons shall make oath or affirmation of the sufficiency of such estates, according to law, the board of aldermen shall value such estates ; and such persons shall not vote thereon at any subsequent election, unless the said board shall find them sufficient.*] An Act in amendment of an act entitled " An Act to incorporate the city of Providence, "^"^ (Passed January 11, 1843.) Sectiok 1. Election of city council to be on sec- ond Wednesday of April. 2. Election of common council-men by Section ballot — plurality to elect. 3. Repeal of laws inconsistent with this act. Be it enacted by the General Assembly^ as follows : Section 1. The election of the mayor, aldermen and common council-men of the city of Providence shall here- after be holden on the second Wednesday of May in each year, instead of the third Wednesday of April. Sec. 2. The election of the members of the common council shall be by written or printed ballots ; and the elec- tion shall in all respects be conducted, and the ballots sealed up and returned in the same manner, as is required in the election of the mayor and aldermen. The four candidates in each ward who shall receive the highest number of votes shall be elected common council-men for that ward. The votes shall be opened and counted by the board of aldermen, who shall cause written notice to be given to such persons as shall have been elected. Sec 3. All such parts of the act of which this is in amend- ment as are inconsistent herewith are hereby repealed. * The provisions of section 10 are mostly obsolete, having been superseded by the constitutinQ and election law of the state. CITY CHARTER. 13 An Act in addition to an act to incorporate the city of Provi- dence. (Passed February 5, 1842.) Justices of the police court — ^jurisdiction of — proceedings may be had by warrant or writ. Be it enacted by the General Assembly, as follows : Section 1. Any one of the justices of the pohce court of said city shall have the same original jurisdiction over all offences against the by-laws, ordinances and regulations of the freemen of the town of Providence, of the town council of said town, and of the city council of said city, as is now exercised exclusively by the police court of said city ; and the same may be proceeded on either by complaint and warrant or writ ; and the parties shall have the same right to appeal from any sentence or judgment of such justice as by the provisions of the charter of said city they now have to appeal from any judgment of the police court. Extract from " An Act in relation to the election and duties of town officers,^^ (Digest of 1844.) Wardens and ward clerks to be elected on second Wednesday of May. Section 24. Wardens and ward clerks in the city of Prov- vidence shall be elected on the second Wednesday in May in each year, and shall hold their offices until others shall be elected and qualified by law to act in their places. They shall be sworn as other town officers are required to be. ACTS OF THE GENERAL ASSEMBLY RELATING TO THE CITY OF PROVIDENCE. An Act prescribing the qualifications of freemen entitled to vote in town meetings in Providence for management of the Dexter Donation. (Passed January, 1845.) Persons entitled to vote to impose tax, to be freemen. It is enacted by the General Assembly^ as follows : Sectiois 1 . All persons who by the provisions of the con- stitution are entitled to vote in the city of Providence for members of the city council, or upon any proposition to im- pose a tax, or for the expenditure of money, are hereby de- clared to be freemen, entitled to vote in all town meetings holden in said city for the purpose of transacting business in relation to the property and estate devised to the town of Providence by the last will and testament of Ebenezer Knight Dexter, and the asylum and other town or city property con- nected therewith. An Act in addition to an act entitled " An Act to enlarge and explain the powers of the town meetings and town council of the town of Providence.^'' (Passed January 19, 1828.) Town of Providence authorized to assess tax for free schools. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, that the freemen of the town of Providence, in town meeting legally assembled, shall have the power of assessing and collecting taxes from time to time, in the same manner as other town taxes are assessed FREE SCHOOLS— HOUSE OF CORRECTION. 15 and collected ; and of appropriating the same to establish and maintain free schools therein, and to defray the expenses incident thereto. An Act to authorize the city of Providence to establish a house of correction, and for other purposes, (Passed October, 1833.) Section 1. City authorized to establish house of correction. 2. Keeper to be appointed — duties of — list to be presented to supreme court. 3. City council to have power to appoint other officers. 4. City council to have power to make regulations. 5. Commitments to be in writing — by whom to be executed. 6. House of correction to be deemed a co:innon jail, so far that habeas cor- j)us act may apply to it. 7. Commitments to be made to Provi- Section dence county jail, until house of cor- rection shall be established. 8. Prisoners to be supported by city. 9. Board of aldermen may commit per- sons ordered to be removed. 10. Vagrants — who are deemed so. 11. Disorderly persons — who are deem- ed so. 12. Justices to commit vagrants and dis- orderly persons. 13. Intoxication — how punished. 14. "Who the board of aldermen may lib- erate. 15. Who the city council may liberate. 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 of Providence to estabUsh and maintain a house of correction within the limits of said city ; in which said house of correction shall be confined all persons who may be legally committed thereto, as hereinafter provided. Sec 2. And be it further enacted, that the city council of said city of Providence be and they are hereby authorized and empowered to elect a keeper of said house of correction, at the time when said house shall be first established by virtue of this act ; and afterwards a keeper of said house shall be elected by said city council at every annual election of city officers, and oftener in case of vacancy. And it shall be the duty of the keeper of said house, in addition to such others as may from time to time be prescribed to him by said coun- cil, to present to the supreme judicial court, upon the second day of every term thereof, which shall be holden within and for the county of Providence, a list of all persons in his cus- tody within said house of correction ; which list shall specify the several dates and causes of the commitment of such per- sons, the tribunal by which they were ordered to be confined, and the time for which they were respectively committed. Sec. 3. And be it further enacted, that the city council aforesaid shall have powef to appoint, from time to time, be- sides a keeper of said house of correction, such other officer 16 HOUSE OF CORRECTION. or officers thereof as they the said council may deem expe- dient ; and the same, as well as said keeper, to remove at any time by concurrent vote, two thirds of the members present of each board voting in the affirmative ; and all said officers shall be duly sworn or affirmed to the faithful discharge of the duties of their respective offices. Sec. 4. And be it further enacted, that the city council aforesaid be and they are hereby authorized to make, ordain and establish, from time to time, all such by-laws, ordinances, rules and regulations for the government of said house of correction, and the persons committed thereto, as said coun- cil may deem needful and proper : provided that said by-laws, ordinances, rules and regulations be not repugnant to the laws of this state. Sec. 5. And be it further enacted, that every commitment to said house of correction shall be by precept in writing ; which precept, in all cases not otherwise provided for by law, shall be executed by the city marshal, the city sergeant, or some one of the constables of said city ; and each commit- ment shall be entered by the officer making the same in a book to be provided by said city, and kept at said house for that purpose. Sec. 6. And be it further enacted, that said house of cor- rection shall be deemed a common jail, and the keeper there- of an officer, so far as to render applicable thereto as such the provisions of the act of the general assembly entitled " An Act directing the process upon writs of habeas corpus." Sec 7. And be it further enacted, that the mayor, the board of aldermen, the municipal court, the police court, and any one or more of the justices of the peace for said city, be and they hereby are severally authorized and empow- ered to commit to the state's jail, in the county of Provi- dence, until said house of correction shall be estabhshed, and afterwards to commit, at their discretion either to said jail or to said house of correction, all persons whom by this act, by the act of the general assembly entitled " An Act to incorpo- rate the city of Providence," or by any present or future or- dinance of the city council of said city, passed in pursuance of the provisions of said last mentioned act, they the said mayor, board of aldermen, municipal court, police court, and justices of the peace, now are or hereafter may be authorized to commit, or order to be committed to prison. And the sev- eral persons who may be committed to the house of correc- tion aforesaid shall be kept thereifi at hard labor, either in solitary confinement or otherwise ; or shall be kept in solitary HOUSE OF CORRECTION. It confinement without labor ; or shall suffer solitary imprison- ment without labor for a part of the time for which they shall be committed, and be afterwards kept at hard labor, either in soHtary confinement or otherwise, for the remainder of said term, as shall be prescribed in and by the respective sentences or orders by force of which such person shall be so commit- ted. And the several tribunals and magistrates aforesaid are hereby required to specify in and by their said sentences and orders, as well the mode as the duration of imprisonment : provided, however, that no person shall be condemned to sol- itary imprisonment without labor for a longer period than ten days, for any one offence. Sec. 8. And he it further enacted, that the city of Provi- dence shall be liable to pay to the jailer of the county of Providence for the time being, such sum for the weekly sup- port of each and every person committed to the jail in said county, under and by virtue of any of the provisions of this act, as shall be allowed and paid by the state, from time to time, for the weekly support of each state prisoner in said jail. ' Sec. 9. And be it further enacted, that the board of alder- men of said city be and they hereby are authorized to or- der any person who shall appear, upon examination be- fore said board, to have no legal settlement within this state, and who shall be adjudged by said board to be an unsuitable person to become an inhabitant of said city, to depart from and out of said city, within such time as said board shall ap- point ; and in case any such person shall not depart from said city within the time specified in such order, or shall at any time after the expiration of said specified period be found within said city, without permission first had and obtained from said board of aldermen, and in case any person legally removed from said city by order of removal shall return thereto without permission first had and obtained from said board of aldermen, said board of aldermen are further au- thorized ^nd empowered to commit every such person to prison, for a term not exceeding three months : provided, nev- ertheless, that nothing in this act contained shall be construed to prevent said board of aldermen from proceeding under and acc '' • • 101 ber of females may be admitted, until the school shall be fill- ed, under such conditions as the school committee may pre- scribe. Sec. 4. No child who shall not have attained the age of four years shall be admitted as a pupil into a primary school ; no child who shall not have attained the age of seven years shall be admitted as a pupil into a grammar and writing school, nor unless qualified immediately to enter upon the course of studies pursued therein ; no child shall be admitted as a pupil into the high school unless qualified immediately to enter upon the course of studies pursued therein ; no pupil shall remain in the high school more than three years ; no child who shall not have attended a grammar and writing school for at least three years shall be admitted to the high school when there is a sufficient number of such candidates in the grammar and writing schools qualified for admission therein ; but whenever there shall not be a sufficient number of such candidates, any child who is qualified may be admit- ted for such time as the school committee may determine. Sec. 5. The school committee are hereby authorized and requested to appoint annually a superintendent of the pub- lic schools, and such teachers as they may deem expedient, who shall perform such duties in relation to the public schools as said committee may from time to time prescribe ; said su- perintendent and teachers to be subject to removal at any time, by the school committee. Sec. 6. The first regular term of all the schools in each school year shall commence on the Monday next succeeding the first Wednesday in September. Sec. 7. There shall be two public schools maintained ex- clusively for the instruction of colored children ; each of which shall be under the care of a principal, and also an as- sistant teacher, whenever in the opinion of the school com- mittee the services of such assistant may be necessary ; and free instruction shall be therein given, in the ordinary branch- es of an English education, to the children of all the colored inhabitants of the city who may see fit to avail themselves thereof, subject to such rules and regulations as the school committee shall establish ; and if there be any colored chil- dren who ought to attend a primary school, residing at an in- convenient distance from the schools established by the city, the school committee are hereby authorized to contract for their tuition in private schools. Sec 8. Such annual salaries shall be paid to the superin- tendent and instructors of the schools respectively, in equal 102 PUBLIC SCHOOLS. quarterly payments, as the school committee shall direct, not exceeding the following sums, to wit : To the superintendent, Twelve hundred and j&fty dollars. To the preceptor of the high school. Twelve hundred and fifty dollars. To each male assistant teacher of the high school, Eight hundred dollars. To each female assistant teacher of the high school. Five hundred dollars. To each master of a grammar and writing school. Eight hundred dollars. To each male assistant teacher of a grammar and writing school. Four hundred dollars. To each female assistant teacher of a grammar and writ- ing school, Two hundred and twenty-five dollars. To each principal of an intermediate or primary school. Two hundred and fifty dollars. To each assistant teacher of an intermediate or primary school. Two hundred dollars. To each male principal of a school for colored children, Five hundred dollars, To each female principal of a school for colored children. Two hundred dollars. To each male assistant teacher of a school for colored children. Two hundred and fifty dollars. To each female assistant teacher of a school for colored children, One hundred and fifty dollars. Sec. 9. All moneys appropriated for the support of public schools shall be subject to the exclusive control of the school committee, who shall have full power to cause the same or any part thereof to be expended in any manner which they may deem most advisable for the benefit and welfare of the schools ; excepting so much thereof as will be from time to time re- quired for the payment of the salaries established by this ordi- nance ; and excepting also, all such appropriations as may be made for any specific purpose or purposes. Said committee shall also have full power and authority to establish and alter, from time to time, as they deem expedient, the bounds of the several school districts, in order to provide suitable locations for such new schools as may hereafter be established by the city council, or to make more equal apportionment of pupils to the several schools. It shall be their duty to see that the school-houses and estates are kept in proper repair ; to select and designate the best text books ; and to provide all such ap- paratus, and all other means of instruction for all the schools, QUARANTINE. 103 as may be necessary for keeping the same in efficient opera- tion, and for enabling the pupils to receive all the advantages therefrom which it is the intention of this ordinance to pro- vide and secure. Said committee shall have and exercise a general discretionary power in all matters and things relating to the public schools, which are not specially provided for by this ordinance, or by the laws of this state, and may make regulations not repugnant to said laws, or to the provisions of this ordinance. An Ordinance respecting quarantine. Section 1. Bounds of quarantine ground. 2. What vessels may pass the quaran- tine ground by permission of the health officer. 3. Vessels which shall not unload at wharves, but may discharge cargo into lighters. — Vessels loaded with salt, &c. 4. Vessels in ballast. 5. Vessels passing Field's Point to an- chor, &c. 6. Penalties — vessel passing quarantine ground to return. 7. Persons going on board vessels to re- main during quarantine — penalty. Hides, hoofs, &c., not to be landed, and vessels having sickness on board 8. Section not to come to wharves during quar- antine — bedding and clothing to be washed — penalty. 9. Authority of health officer. 10. Persons ordered to hospital. 11. No person to go near to hospital — exceptions — nurses, &c., not to leave hospital without permit. Bilge water — when it may be pump- ed — penalty. Rules for vessels in quarantine. Penalties. Board of aldermen may fix term of quarantine. May make further regulations. May suspend the operation of this or- dinance. Whereas in the opinion of the city council of the city of Providence, there is danger that at certain seasons of the year contagious or infectious diseases may be brought into the city, by vessels, their officers, seamen, passengers and cargoes ; therefore : It is ordained by the city council of the city of Providence : Section 1. That the quarantine ground of said city shall comprise that part of the harbor of said city lying westward of the main channel of the river, and extending northward from Sassafras Point to the distance of one half of a mile from said point. Sec. 2. That from and after the twenty-fourth day of June next, no vessel which shall arrive in the harbor of said city from any foreign port or place whatever, except those direct from any port or place north of the forty-eighth degree of north latitude ; and no vessel which shall or may arrive from any port or place in the United States south of Chesapeake Bay, Wft QUARANTINE. and including the port of Norfolk and places on the James Riv- er, notwithstanding she may have touched or stopped at any intermediate port or ports during her homeward passage ; nor any vessel with her officers, crew or passengers, that shall have touched or landed at the port of Norfolk shall pass the quar- antine ground. But all such vessels, whatever may be their lading, shall be subject to the inspection and examination of the health officer appointed by the board of aldermen, acting ex officio as board of health ; which health officer may, on in- formation and examination of any such vessel, permit her to proceed up to the city, if it shall appear to him that the pub- lic health will not thereby be endangered ; and provided it is not repugnant to the eighth section of this ordinance. Sec. 3. That no vessel coming from any port or place in the south of Europe, or within the Straits of Gibraltar, or from any port or place on the American continent situated between the tropics, including all the West India islands, and places in the Bay of Mexico, or from any other port or place where it is ascertained that contagious sickness doth prevail, or hath recently prevailed, shall be permitted to unload at any of the wharves in said city, but such vessel, with her officers, crew and passengers, after having been subjected to and gone through all the regulations of quarantine, to the satisfaction of the said health officer, may, on a certificate from him to that effect, or liberty from the board of aldermen, acting ex officio as board of health, be permitted to discharge her cargo into scows or lighters, any where southward of the crook and west of the channel, and in such craft may bring the same up to the city ; or the said health officer may permit, if in his opinion no danger is to be apprehended, any such vessel to unload at the wharves at Fox Point or India Point. Vessels laden with salt, and vessels coming from Canton, or from any port in the Pacific Ocean, having no sickness on board, are not included in this ordinance, but may, after conforming to all the directions of the said health officer, and on receiving his certificate that in his opinion no danger is to be appre- hended, be permitted to unload at any of the wharves in said city. Sec. 4. That all vessels arriving at this port, after having discharged their cargoes in any other port of the United States, agreeably to the quarantine regulations of such port, shall anchor on the quarantine ground, and be visited and ex- amined by the said health officer, and be subject to the provi- sions of the eighth section of this ordinance, the same as if said vessel came direct to this port. QUARANTINE. 105 Sec. 5. That every vessel subject on her arrival at this port to be visited and examined by the said health officer, which shall pass Field's Point after nine o'clock, P. M. and before six o'clock, A. M., shall anchor at the quarantine ground, notwithstanding she may not have been hailed by the sentinel. Sec. 6. That if any vessel subject to quarantine shall pass or leave the quarantine ground without permission of the said health officer, the owner or owners, or agent or agents of such vessel, or the person or persons who shall move the same, shall forfeit and pay to the use of the said city a sum not exceeding one hundred dollars, nor less than twenty-five dollars, to be recovered in an action of the case, in the name of the city treasurer, before the proper court to try the same ; and such vessel shall be liable to be ordered back to the quarantine ground, at the expense of the owner or owners, or agent or agents thereof: and the owner or own- ers, agent or agents of such vessel, shall be liable to the same penalty on every repetition of such offence. Sec. 7. That if any officer of the customs or any other person whosoever shall, without the permission of the board of aldermen, acting ex officio as board of health, or the health officer, go on board of any inward bound vessel that shall be subject to quarantine, such officer or other person so going on board shall not land in said city until the time of quaran- tine of such vessel shall have expired, under a penalty not exceeding twenty dollars, nor less than five dollars, to be re- covered to the use of the city, by proper legal process, before any court of competent jurisdiction. Sec. 8. That no untanned hides, skins, horns, hoofs, or any other article whatever, that shall or may be thought by the said health officer capable of generating disease, shall be landed from any vessel whatever, within the limits of this city, during the existence of the quarantine, except at the hospital ground, or Fox Point, or India Point ; nor shall such goods be brought into the compact part of said city, except by special permission from said health officer ; nor shall any vessel having sickness on board, or having had any person or persons sick of a ma- lignant or contagious disease during the voyage, be permitted to come to any wharf in the city, during the existence of the quarantine, except to the wharves at Fox Point, south of Pike's wharf, or India Point, under special permission from the health officer ; nor shall any foul or unclean bedding or clothing be 14 106 QUARANTINE. landed or brought within the Hmits of said city, during the existence of the quarantine, from any vessel in which any of the crew or passengers have been sickly during the voyage ; nor shall any foul or unclean bedding or clothing be brought within the hmits of said city, during said time, from any place where any contagious or mahgnant disorder doth or hath recently prevailed, unless the same are first carried di- rect to the hospital, and there washed and cleansed ; and every person concerned in the violation of this section shall incur a penalty not exceeding one hundred dollars, nor less than twenty-five dollars, to and for the use of the city, to be recovered in an action of the case, in the name of the city treasurer, before the proper court to try the same. Sec. 9. That the said health officer shall have authority to put such interrogatories and inquiries to the captain or com- manding officer, or any other person on board of any vessel arriving at this port and subject to quarantine, as he shall deem proper, respecting the state of the vessel and the health of the people on board ; and if such captain or commanding officer or other person shall refuse to answer any or all inter- rogatories or inquiries put to him by such health officer, or shall evade such inquiries, or shall in any way or manner make or cause to be made to such health officer a false or equivocal statement or report relative to the officers, crew or passengers on board thereof, or of the state of health of all or any of the officers, crew or passengers, or shall neglect to report to said health officer any death that may have occurred on board during the said voyage, or shall refuse to sign his written examination taken at the time by said health officer, after being requested so to do, such captain, commanding officer or other person so offending shall forfeit and pay, as a penalty to and for the use of the city, a sum not exceeding two hundred dollars, nor less than one hundred dollars, to be recovered in an action of the case, in the name of the city treasurer, before the proper court to try the same. Sec. 10. That if any person ordered to the hospital from on board any vessel arriving at this port, or from any part of said city, after having so arrived, shall refuse to go thither, or being there shall depart from or leave the limits of said hos- pital without permission first obtained from the board of al- dermen, acting ex officio as board of health, or from said health officer, in writing, such person shall, for each oflfence, forfeit and pay a sum not exceeding one hundred dollars, nor less than twenty-five dollars, to and for the use of the city, to QUARANTINE. 107 be recovered in an action of the case, in the name of the city treasurer, before the proper court to try the same. Sec. 11. That no person during the existence of the quarantine, unless by the special permission of the board of aldermen, acting ex officio as board of health, or health officer, shall go within fifty yards of the hospital ; except those at quarantine, the health officer, and other physicians, nurses, and those attached to the family of the keeper of the hos- pital, and those passing on the turnpike road ; under a penal- ty not exceeding twenty dollars, nor less than five dollars, to be recovered to the use of the city, by proper legal process before any court of competent jurisdiction ; nor shall nurses, or those attached to the family of said keeper, be allowed to leave the hospital, without his permission in writing, under the like penalty, to be recovered in Hke manner. Sec. 12. That no stagnant or offensive bilge water shall be pumped out of any vessel at any wharf in said city above Fox Point, nor in the channel or on the flats opposite said wharves, during the existence of the quarantine regulations, unless it be done between the hours of eleven o'clock, P. M. and four o'clock, A. M., under the penalty of two dollars for the first offence, and for every subsequent offence five dollars, to be recovered of the captain or commanding officer of such ship or vessel, or of the owner or owners thereof, to the use of said city, in an action of debt, in the name of the city treasurer, before the proper court to try the same. Sec. 13. That the following be the rules and regulations to be observed on board all vessels while at quarantine : 1. Every vessel shall, during her quarantine, wear colors in her shrouds. 2. No provisions, spirituous liquors or other articles, shall be admitted on board of such vessel, without permission from the said health officer. 3. The said health officer shall, on all occasions, direct what goods shall be delivered from on board such vessel, the place where, and the manner in which, they shall be landed. 4. No person or persons, in any boat or vessel, shall be permitted to go alongside of any such vessel at quarantine, without permission of said health officer ; nor to be at anchor, or remain in any other manner, within one hundred yards of any such vessel. 5. Every such vessel shall be removed and stationed at such place as the said health officer may, from time to time, under the direction of the board of aldermen, acting ex officio as board of health, direct and appoint. 108 QUARANTINE. 6. The bilge water shall be pumped from every such ves- sel at least twice a day. 7. The directions of the said health officer, for cleansing the vessel, clothing, and other things on board, shall be strictly complied with by the officers and crew. 8. The commander of every such vessel shall be answer- able for all irregularities and breaches of these regulations, by the people on board. All permissions and directions of the said health officer, as aforesaid, shall be in writing. Sec. 14. That if any person or persons shall be guilty ot a breach of any of the rules and regulations contained in the next preceding section, such person or persons so offending shall forfeit and pay a sum not exceeding twenty dollars, nor less than ten dollars, to and for the use of the city, to be re- covered by proper legal process before any court of compe- tent jurisdiction. Sec. 15. That the board of aldermen, acting ex officio as board of health, be and they hereby are authorized and em- powered, from time to time, to fix and assign the term which vessels shall be detained at quarantine, by virtue of this ordi- nance, and also to prescribe from time to time, if they deem it necessary, such other ports, places or countries, beside those mentioned in this ordinance, from which vessels arriving shall be subject to examination for quarantine. Sec. 16. That the board of aldermen, acting ex officio as board of health, be and they hereby are authorized and em- powered to make and carry into effect such further rules and regulations respecting quarantine as to them may appear ne- cessary to prevent the introduction of contagious or infectious diseases from other places ; and to annex such penalties for the breach thereof as they may think proper, not exceeding two hundred dollars fine, or ten days imprisonment. Sec. 17. That the board of aldermen, acting ex officio as board of health, be and they hereby are authorized and em- powered, from time to time, to suspend the operation of the whole or any part of this ordinance, in such manner and for such term as they may deem proper ; and the same to revive, at their discretion. INTERMENT OF THE DEAD. 109 An Ordinance in relation to the interment of the dead. Section 1. Undertakers to be appointed. 2. Physicians to give certificates of dis- ease. 3. Undertakers to demand certificate be- fore interment. 4. Penalty for not furnishing certificate. 5. Monthly returns of interments. 6. Funerals to be in day time — depth of grave Section 7. Abstract of returns to be published once a month — also at the close of the year. 8. Penalties. 9. 10 & 11. Permits to persons not un- dertakers — returns — penalty. 12. No burials, except in grounds desig- nated. It is ordained by the city council of the city of Providence, follows, viz : as Section 1. There shall be appointed by the city council a sufficient number of persons to act as undertakers, remova- ble at the pleasure of the city council. Sec. 2. Whenever any person shall die in this city, it shall be the duty of the physician attending in his or her last sickness, to leave, vi^ithin forty-eight hours after the death, at the last residence of such deceased person, a certificate sta- ting the disease or accident which caused his or her death, which certificate shall be dehvered to the undertaker, who may conduct the funeral of such deceased. Sec. 3. No undertaker or other person shall bury the body of any person dying in this city, without first enquiring for the certificate of the physician as aforesaid ; and if no such certificate can be procured, the undertaker or person direct- ing the funeral shall, within three days after such funeral, re- port the want of the certificate to the city clerk ; and the un- dertakers shall, with their monthly returns, deliver the physi- cians' certificates to the city clerk. Sec. 4. Every physician omitting or neglecting to leave such certificate as aforesaid shall forfeit and pay the sum of five dollars for each offence, to be recovered for the use of the city by proper legal process before any court of compe- tent jurisdiction. Sec. 5. Every undertaker shall make return to the clerk of the board of health, between the hours of nine o'clock, A. M. and two o'clock, P. M. of the first Wednesday of each month, of all interments made and funerals conducted by him during the preceding month, in form a^ follows, to wit : 110 INTERMENT OF THE DEAD. An accurate list of all interments made by me, between the first day of 18 , and the last day of the same month inclusive. NAME. REMARKS. UNDERTAKER. Sec. 6. All funerals shall take place between sunrise and sunset, unless otherwise permitted or directed by the board of health. The top of every coffin deposited in the ground shall be at least three feet below the usual surface thereof Sec. 7. The clerk of the board of health shall prepare an abstract of all the returns made to him, and report the same to the board of health, on the Monday next succeeding the first Wednesday of each month. The board of health shall cause a monthly abstract of all such returns to be published in all the newspapers which contract to do the city printing, and shall also prepare and publish in all the said newspapers, in the second week in January, in each year, an abstract of all the returns made to them to the close of the preceding year. Sec. 8. Every undertaker who shall violate any of the pro- visions of the preceding section of this ordinance shall forfeit and pay the sum of ten dollars for each offence, to and for the use of the city, to be recovered by proper legal process before any court of competent jurisdiction. Sec. 9. Any person other than such an undertaker, who shall manage and conduct a funeral, or inter or remove from the city a dead body, shall first obtain permission in writing from the board of health, or in their recess from the clerk or one of the members of said board, to do the same ; and after said in- terment or removal is made, shall make return as is directed to be made by undertakers in the fifth section of this ordi- NORTH BURIAL GROUND. Ill nance ; and lor every neglect or refusal to obtain such per- mission, or to make such return, shall forfeit and pay the sum of ten dollars to and for the use of the city, to be recovered by proper legal process before the proper court to try the same. Sec. 10. All permissions given pursuant to the provisions of the ninth section of this ordinance shall be free of charge. Sec. 11. All returns made by an undertaker or other per- son shall be recorded by the clerk of the board of health, in a book to be kept expressly for that purpose. Sec. 12. No undertaker or other person shall hereafter bury or cause to be buried the body of any deceased person, except in such grounds as are now known and used as bury- ing-grounds, or such as shall hereafter be by the city council designated as burying grounds, and authorized to be used as such ; and every person so offending shall forfeit and pay for every offence the sum of forty dollars, to and for the use of the city, to be sued for and recovered in an action of debt, in the name of the city treasurer, before any court of competent jurisdiction. An Ordinance in relation to the north burial ground. Section 1. No vaults or enclosures without per- mission of city council. Section 2. Penalty. 3. Overseer — duties of. Section 1. Be it ordained by the city council of the city of Providence, that no person shall erect or build any vault within the limits of the city burial ground, nor enclose any part or portion thereof, without leave first had and obtained from the city council. Section 2. That any person who shall violate any pro- vision of this ordinance shall forfeit and pay a sum not less than ten dollars, nor more than fifty dollars, to and for the use of the city, to be recovered by proper legal process be- fore any court of competent jurisdiction. Sec. 3. That the overseer of said burial ground shall keep the fences around the same in proper repair, and the gates thereof locked ; and he shall report to the mayor every violation of this ordinance, as soon as may be, that the same may be prosecuted. llg PUBLIC WATCH. An Ordinance providing for the establishment of a public watch. Section 4. Other instructions — mayor may sus- pend watchmen from duty. 5. Compensation of watchmen. Section ' 1 . Board of aldermen may appoint watch- men. 2. Duties of watchmen. 3. Persons arrested may be discharged in certain cases. It is ordained by the city council of the city of Providence, as follows, viz: Section 1. The board of aldermen are hereby authorized, from time to time, to appoint a public watch, to consist of so many persons as they may deem expedient, not exceeding thirty, removable at the pleasure of said board. Sec. 2. It shall be the duty of said watch to patrol the streets during the night ; to preserve the peace therein ; to give immediate alarm in case of fire ; and they shall have au- thority to arrest every person offending during the night against any ordinance of the city, or law of the state, or who may be intoxicated in any public street ; and to prevent any crowd from collecting so as to obstruct the convenient passage of peaceable persons through any part of any street or over any public bridge. Sec 3. Any person arrested by said watch may be dis- charged upon giving his name, place of abode, and business, if there be no circumstances in the opinion of the captain of said watch requiring his detention ; and it shall be the duty of said watch to report each morning to the city marshal the names of all persons in custody, and of all persons detected in violating any ordinance of the city, or law of the state. Sec 4. The watch shall in all cases not otherwise provi- ded for be governed by such instructions and directions as may from time to time be given by the mayor or the board of aldermen ; and the mayor shall be authorized to suspend from duty, for cause, any member of said watch, until such time as his case may be decided upon by the board of aldermen. Sec 5. The members of said watch shall receive such compensation as the board of aldermen shall direct. An Ordinance to prevent revelling and other disturbances in the public streets. No person to behave in a disorderly manner, &c. — penalty. Section 1 . Be it ordained by the city council of the city of Providence, that each and every person who shall revel, GUNS AND PISTOLS— PLACES OF TRADE, &c. ^ ^^ commit any mischief, quarrel, or otherwise behave in a disor- derly manner, in any of the public streets, gangways, alleys or lanes in said city, or any of the public wharves or public lands in said city, to the disturbance or annoyance of the peaceable inhabitants thereof, or any portion of them, or shall aid, assist, encourage or promote the same to be done by any other person or persons, shall forfeit and pay to the use of the city a sum not exceeding twenty dollars, nor less than one dollar, to be recovered by proper legal process before any court of competent jurisdiction. An Ordinance to prevent the firing of guns and pistols in the streets and other public places. Section Section I, No guns, &c., to be fired in any 2. Penalty street, &c. Section 1 . Be it ordained by the city council of the city of Providence, that no person shall fire any gun or pistol, in any street or lane, or on any public wharf or public lands, within said city, after sunrise and before sunset. Sec. 2. That every person who shall violate any provi- sion of this ordinance shall forfeit and pay the sum of two dol- lars, to and for the use of the city, to be sued for and recov- ered by proper legal process before any court of competent jurisdiction. An Ordinance to prohibit the opening of places of trade or en- tertainment on Sundays or late at night. Section j Section 1. No shop, &c., to be opened after 11 2. Penalty, o'clock, P. M., nor on Sunday. | It is ordained by the city council of the city of Providence, as fellows, viz: Section 1. No shop, store, or other place of trade or en- tertainment in this city, excepting licensed taverns, shall here- after be kept open after eleven o'clock in the evening, nor be opened before dayHght in the morning ; nor shall any such shop, store, or place of trade or entertainment, be opened on Sunday, nor any article sold therein on that day : provided 15 114 RINGING OF BELLS.— NUISANCES. that druggists may open their shops at any time for the pur- pose of selling medicines for the use of the sick. Sec. 2. Every keeper of any shop, store, or place of trade or entertainment, which shall be opened, or in which any ar- ticle shall be sold, and every person opening any shop, store, or place of trade or entertainment, or selling any article, con- trary to the provisions of this ordinance, shall forfeit and pay a fine of not less than five dollars, nor more than twenty dol- lars, to be recovered by proper legal process before any court of competent jurisdiction. An Ordinance to prevent the ringing of bells between mnset and one hour after sunrise. Section 1. Bells not to be rung, except, &c. Section 2. Penalty. Section 1 . Be it ordained by the city council of the city of Providence, that no person shall, between sunset and one hour after sunrise, ring or cause to be rung, the bell of any house of public worship in said city for any purpose whatev- er, except on the alarm of fire, and except the ringing of the bell of the first Baptist meeting house, for nine o'clock in the evening, and for sunrise : provided, however, that nothing herein contained shall be construed to prevent the tolhng, at a moderate rate, of any such bell, for lecture, or any other lawful meeting, between the times herein before mentioned. Sec. 2. That every person who shall oflfend against this ordinance shall forfeit and pay a sum not less than ten dol- lars, nor more than one hundred dollars, to and for the use of said city, to be recovered in an action of the case, in the name of the city treasurer, before the proper court to try the same. An Ordinance in relation to nuisances. Section 1. Committee on nuisances — duties of. 2. Nuisances which can be abated for Section ten dollars — proceedings — penalty. 2. Other nuisances — proceedings. It is ordained by the city council of the city of Providence, as follows, viz : Section 1. It shall be the duty of the committee on nui- sances, and of every member thereof, to examine into the state and condition of every place and part of the city where NUISANCES. tiS he shall suspect or be informed that there exists any matter or thing which is or may be prejudicial to the health of the in- habitants thereof. Sec. 2. Whenever it shall appear to the satisfaction of either of the members of the committee on nuisances, or of the city marshal, that there exists upon any premises owned or occupied by any person, any dirt, offal, or animal or vegeta- ble matter, or the contents of any hog pen, privy, drain or vault, calculated to injure health, or by noxious air to annoy the neighborhood, and that such nuisance or annoyance may be abated at an expense not exceeding ten dollars, it shall be the duty of such member or members of said committee, or city marshal, to cause the owner or occupant of such premi- ses to be notified in writing of the existence of such nuisance or annoyance, and directed forthwith to abate the same ; and if such nuisance or annoyance shall not be abated within twenty-four hours after such notice, the owner or occupant of such premises shall forfeit and pay a fine of ten dollars ; and the officer giving such notice shall be authorized to cause such nuisance or annoyance to be abated, and the city trea- surer shall pay the expense thereof ; for which, together with the penalty aforesaid, the said owner or occupant shall be liable, and the same shall be collected for the use of said city, by proper legal process before any court of competent jurisdic- tion. Sec. 3. Whenever it shall appear to the satisfaction of either of the members of the committee on nuisances that there exists upon premises owned or occupied by any person, any matter or thing injurious to the health of the inhabitants of any part of the city, or which in their judgment may origin- ate or conduce to the spreading of any infectious or conta- gious disease, and that the expense of abating such nuisance or danger to health shall be estimated at more than ten dol- lars, it shall be the duty of said committee, or any of them, to report the same in writing to the mayor, setting forth the particulars of such nuisance as nearly as may be ; and the mayor shall, upon receiving such report, notify the owner or occupant of the premises upon which such nuisance exists, or the persons who may h'dve etected, continued or permitted such nuisance, to appear before the board of aldermen at such time as the mayor shall appoint, to shew cause why such proceedings as are by law authorized should not be had to abate such nuisance. 1 16 DEAD BODIES OF ANIMALS. An Ordinance in relation to the burial of the dead bodies of animals. Section i Section 1. Bodies of animals to be buried more 2. Penalty, than three feet deep. ] It is ordained by the city council of the city of Providence, as follows, viz: Section 1. No person shall bury or cause to be buried the body of any horse, ass, mule, ox, cow, bull, hog, or other large animal, within the limits of this city, unless in such man- ner that every part or portion of such body shall be at least three feet below the natural surface of the ground where such body is buried. Sec. 2. Every person violating the provisions of the pre- ceding section shall forfeit and pay a fine of not less than five nor more than twenty dollars, to be recovered to and for the use of the city before any court of competent jurisdiction, by such process as the law directs. An Ordinance to prohibit the depositing animal or vegetable substances in certain waters of the city. Section 1. No person shall throw into public waters any animal substance. Section 2. Penalty. Section 1. Be it ordained by the city council of the city of Providence, that no person shall throw, cast or deposit, or cause to be thrown, cast or deposited, into or upon the margin of any pond, river, cove, canal basin or dock, in the city, any animal or vegetable matter or substance whatever. Sec 2. That every person so offending shall forfeit and pay a sum not exceeding fifty dollars, nor less than one dol- lar, to and for the use of the city, to be recovered by proper legal process before any court of competent jurisdiction. PRIVY VAULTS— BATHING. 117 An Ordinance relative to the removal of the contents of privy vaults. Section 3. Not to stop in streets. 4. Penalties. Section 1. No removal to be made before 10, P. M., between April and November. 2. Vehicles to be covered, &c. Section 1. Be it ordained by the city council of the city of Providence, that no person or persons shall, between the first day of May and the first day of November, in any year, carry into or through any pubhc street of said city, any part of the contents of a privy vault, in any cart, wagon or other vehicle whatever, except between the hours of ten o'clock, P. M. and sunrise. Sec. 2. That no person or persons shall at any time what- soever carry into or through any pubhc street of said city, any part of the contents of a privy vault, in any cart, wagon or other vehicle, which shall not be effectually covered and water-tight. Sec. 3. That no such cart, wagon or other vehicle what- ever, having therein any part of the contents of a privy vault, shall be permitted to stand (except while loading) in any pub- lic street of said city. Sec 4. That in case of violation of any of the provisions in the first or second sections mentioned, the owner or own- ers, driver or drivers, of any such cart, wagon or other vehicle, shall forfeit and pay the sum of five dollars ; and for any vio- lation of the third section hereof, such owner or owners, dri- ver or drivers, shall forfeit and pay the sum of two dollars ; which penalties shall be recovered to and for the use of the city, by proper legal process before any court of competent jurisdiction. An Ordinance to prohibit bathing in certain places. Section | Section 1. No person to bathe within certain lim- I 2, Penalty, its in day time. ' | It is ordained by the city council of the city of Providence, as follows, viz : Section 1. No person shall, for the purpose of swimming or bathing, go into any of the waters of the harbor, cove, riv- ers, or Blackstone canal, between the time of sunrising and one hour after sunset, within the following limits, viz. : Be- ginning at a point on said canal twenty rods above the guard tl8 LAMP POSTS, FENCES, &c. gate, near the print works of Philip Allen & Son, and at a point on the Moshassuck river twenty rods above the mills for- merly owned by the United Manufacturing Company, and ex- tending on the east side of said waters to the railroad bridge, and on the north side of said waters to the northwesterly cor- ner of the state prison lot ; and extending on the west side of said waters from Carpenter's Point to the city hospital lot ; nor into the Wonasquatucket river between the bridge on the Wonasquatucket turnpike and the line of the town of John- ston. Sec. 2. Every person offending against the provisions of this ordinance shall forfeit and pay the sum of two dollars, to be recovered for the use of the city by proper legal process, before any court of competent jurisdiction. Section 2. No person shall paint or deface any lamp post, house, &c. — penalty. An Ordinance to prevent injury to lamp posts, fences and buildings. Section 1 . No person shall injure lamp posts, fences &c. — penalty. Be it ordained by the city council of the city of Providence, as follows, viz : Section 1 . If any person shall maliciously, wantonly or carelessly break, throw down, extinguish or otherwise injure any lamp or lantern, erected for the purpose of hghting any street, highway, bridge, wharf or public place in this city, whether the same shall have been erected by the city or any other corporation, or by private individuals, such person so of- fending shall, upon conviction before any court of competent jurisdiction, forfeit and pay the sum of not less than five nor more than twenty dollars, to and for the use of the city. Sec. 2. If any person shall maliciously, wantonly or care- lessly daub with paint, cut, break or otherwise injure, or by scratching or writing with paint, blacking, red chalk, or in any other way or manner deface any post, lamp post, fence, tree box, house or other building, situate in or upon any street, highway, bridge, wharf or public place in this city ; or any ornament or appurtenance of such post, lamp post, fence, tree box, house or other building, such person so offending shall, upon conviction before any court of competent jurisdic- tion, forfeit and pay the sum of not less than five, nor more than twenty dollars, to and for the use of the city. PUMPS AND WELLS.-DOGS. ud An Ordinance in relation to the city pumps and wells. Section I Section 1. No clothes to be washed at pumps. | 2. Penalty. Section 1. Be it ordained by the city council of the city of Providence^ that no person shall wash any clothes, cloth- ing, utensil or other article or thing whatever, in any wa- tering-trough attached to any city pump or well ; nor in any way or manner render the water in such trough or well unfit for use ; nor injure any such pump or well or the appurte- nances thereof; nor waste the water issuing therefrom. Sec. 2. That every person offending against the pro- visions of this ordinance, or any part thereof, shall forfeit and pay a sum not exceeding twenty dollars, nor less than two dollars, to and for the use of the city, to be recovered by proper legal process before any court of competent juris- diction. An Ordinance in relation to dogs. Section I Section 1. No dog to go at large between May | 3. Dogs killed to be buried. and November, except muzzled, &c. 4. Reward for killing dogs. ' 2. Penalty. > Section 1 . Be it ordained by the city council of the city of Providence, that no person shall suffer or permit any dog belonging to or kept by him or her, or which shall be under his or her care or control, to be or run at large in said city, between the first day of June and the first day of November in each and every year, unless such dog shall have securely put on a strong and sufficient muzzle or strap over its jaws, so as effectually to prevent such dog from biting, and shall also have around its neck a collar of metal or leather with a metal plate, upon which metal collar or plate the christian and surname of the owner of such dog shall be legibly, plainly and durably stamped, written or engraved. Sec. 2. That whosoever shall violate any provision in the preceding section contained shall forfeit and pay the sum of five dollars, to and for the use of the city, to be recovered by proper legal process before any court of competent jurisdiction. Sec 3. That every dog found at large, in violation of the first section hereof, shall be immediately killed, and his body buried at least three feet below the surface of the ground, either in the piece of ground belonging to the city, situate north of and adjoining the proprietors' burial ground on the 120 ANIMALS GOING AT LARGE. west side of the river, or in any part of the north burial ground, without the fence. Sec. 4. That any person who shall kill any full grown dog, being or running at large in violation of this ordinance, shall be entitled to the sum of one dollar for each and every dog so killed and buried in pursuance of this ordinance ; provided he present and prove his claim therefor before the board of aldermen, on the Monday next following the time said claim shall have accrued. An Ordinance to prevent the going at large of certain animals. Section 1. No cattle, &c., except cows, to go at large. 2. Cows going at large to wear collars. Section 3. Penalties. 4. Swine found at large to be forfeited. It is ordained by the city council of the city of Providenece, as follows, viz : Section 1. From and after the first day of May next, it shall not be lawful for any horses, sheep, hogs, goats or cattle of any kind excepting cows, to go at large within the limits of said city. Sec. 2. From and after the day aforesaid, it shall not be lawful for any cow to go at large within the limits of said city, unless said cow shall have around her neck a substantial leath- er or metal collar, with the name of her owner distinctly stamped, printed or engraved thereon. Sec. 3. Every owner of any animal found at large con- trary to the provisions of this ordinance shall forfeit and pay a fine of not less than one dollar, nor more than twenty dol- lars, to be recovered for the use of the city by proper legal process before any court of competent jurisdiction. Sec. 4. All swine found running at large within the Hm- its of this city are hereby declared to be forfeited ; and it shall be lawful for any citizen who is entitled to vote for gene- ral officers in this state, to seize or cause to be seized any swine found running at large within the hmits of the city, and the same to convert to his own use, or to deliver to the keep- er of the Dexter Asylum for the use of the poor persons in that institution. BOWLING ALLEYS. 121 Resolution defining limits of that part of the city in which howling alleys may not be kept. Whereas, by the provisions of the act to regulate bowHng alleys, it is forbidden to keep any bowling alleys in the com- pact part of any town or city ; and it is also required that the city council define the hmits of the compact part of this city, therefore, Resolved^ That the compact part of this city is hereby de- clared to be all that part included within Hues drawn as fol- lows, viz : Beginning at the north-westerly corner of the state prison yard, and running in a straight course to the junction of Smith and Davis-streets, thence through Davis-street to Orms-street, thence through Orms-street to Charles-street, thence through Charles-street to Randall-street, thence through Randall-street to a point four hundred feet westerly from North Main-street, thence northerly, holding that distance from North Main-street, to Thurber's lane, thence through said lane and across North Main-street to a point four hun- dred feet easterly from North Main-street, thence in a straight line to the junction of Olney and Prospect-streets, thence through Prospect street to Angell-street, thence through An- gell-street to Hope-street, thence through Hope-street to a point two hundred feet southerly from Wickenden-street, thence westerly parallel to Wickenden-street and continuing in the same direction to the river, thence across the river to the foot of Point-street, thence through Point-street to Plane- street, thence following the fences around the burying grounds to the northwest corner of the Benevolent Society's burying ground, thence in a straight line to the junction of Pawtuxet and Pearl-streets, thence through Pearl-street to Cranston- street, to the easterly line of the Dexter farm, and following said Une to High-street, thence through High-street to Love- lane, thence through Love-lane to Carpenter-street, thence through Carpenter-street to Dean-street, thence through Dean-street to its junction with AtwelPs Avenue, and thence in a straight line to the first named bound, viz., the north-west corner of the state prison yard. 16 INDEX. A. Aldermen, how elected, 9 to be sworn, 4 salaries of, 6 Board of may direct a new election of mayor and aldermen in case of vacancy, 9 what shall constitute a quorum of, 10 may choose a president pro tempore ^ 10 may liberate persons committed to prison by their order in certain cases, 19 may recommit in case, &c., , 19 may appoint special constables, 21 authorized to prevent building of wharves, streets, &c., in case, 36 to regulate the erection and operating steam boilers, 44 ordinance establishing the seal of, 75 city clerk to be the keeper of the seal of, 76 to provide for lighting the streets, 84 acting ex ojficio as board of health, (see ordinance establish- ing quarantine,) 104 may fix term of quarantine, 108 may make further regulations and suspend the operation of the ordinance respecting quarantine, 108 Animals — horses, cattle, sheep, hogs, goats and geese, act authori- zing the city to restrain same from going at large, 67 swine running at large may be forfeited for the use of the poor of the city, 67 dead bodies of, to be buried more than three feet deep, 116 penalty for violating said ordinance, 116 restrained from going at large, 120 declared forfeited, 120 Animal substances not to be deposited in certain waters of the city, 116 Audit — ordinance designating the duties of the city audit, 78 Awnings over side-walks how to be placed, 87 B. Bathing, ordinance to prohibit in certain places, 117 penalty for violation, 118 Beef and Pork, act authorizing the city of Providence to elect an inspector of, 65 inspector, his rights and fees, 65 to give bond and be sworn, 65 124 INDEX. Bells, ordinance to prevent the ringing of between sunset and one hour after sunrise, 114 Boilers, steam, not to be erected unless by permission of board of aldermen, 44 penalty for violation, 44 additional penalty for operating same, without permission, '45 Bonfire not to be made in public street, 68 Bowling Alleys, limits of the city defined in which they may not be kept, 121 Bridges, public, ordinance prescribing duties of overseer of, 80 Bridge, Weybosset, vessels not to lie fastened to, 33 Buildings, act concerning the erection of, 41 height which the same may be built within certain limits, 41 partition between double houses how to be built, 42 not to be removed without permission of city council, 42 limits defined in which restrictions in relation to building operates, 42 Burial Ground, north, ordinance relative to. 111 vaults not to be built within, nor enclosures made, except by leave of the city council, 1 1 1 penalty for violation, 111 duties of the overseer of, 111 Carriages, act authorizing the town council of the town of Provi- dence to prevent the passing of, through the streets adja- cent to the houses of public worship, on Sundays, during the time of divine service, 32 Chimneys, &c., committee to superintend the building of, may order alterations, &c. of, in case, &c., 89 penalty for not complying with such order, 90 City Audit, ordinance designating the duties of, 78 City Charter, 3 City Clerk, how chosen, . 10 general duties of, 10 to be ex officio clerk of town meetings in relation to Dexter donation, &c. 4 to notify town meetings in relation to Dexter donation, &c. 76 to publish notifications of ward meetings for elections, 77 ordinance prescribing the duties of, in certrin cases, 78 City Council, general powers and duties of, *' 5 to have custody of city property, 6 may sell, let, or purchase property in the name of the city, 6 to publish statement of receipts and expenditures and sched- ule of city property, 6 members of to be inelegible to any office of profit, in the gift of the city council, 6 may remove officers for misconduct, 6 to have power to appoint a keeper of the house of correction and other officers, 15 to make regulations for the house of correction, 15 to make annnal appointments of certain officers, in addition to those specially designated and required to be appointed by the city charter, 74 INDEX. ^^^ City Council to appoint undertakers, 109 authorized to extend limits within which certain buildings may be erected, 45 to appoint firemen, 55 to appoint a court of magistrates, 21 City Marshal to cause bells to be rung for ward meetings for elections, 77 to cause bells to be rung for town meetings in relation to Dexter donation, &,c., 77 ordinance prescribing the duties of, 79 City Sergeant, ordinance prescribing the duties of in certain cases, 78 City Seal, ordinance establishing the, 75 city clerk to be keeper of the, 76 City Officers, elected by the city council to be chosen in conven- tion, 5 fees and duties of, to be defined by the city council, when not defined by law, 6 may be removed by city council for misconduct, 6 City Pumps and Wells, ordinance relative to, 119 clothes, &c., not to be washed in troughs attached to, 119 penalty for violation of the ordinance, 119 City Debt, ordinance in relation to the, 99 committee for its reduction to be annually appointed, 99 treasurer authorized to issue notes in certain cases, 99 treasurer to make quarterly reports of issues- and payments, 99 register of city debt to be kept, and recorded by city clerk, 99 voters paying a property tax have a right to inspect the same, 99 fund for extinguishing debt, 99 Clerk of the Market, duties of 92, 93, 94, 95 to complain to city marshal for violations of city ordinances in the market place, 95 Constables, special, may be appointed by mayor or board of aldermen, 20 powers of, 21 Commissioners, street, (see " Ordinance establishing street com- missioners," 80 Common Council, members of how to be elected, ' 12 to be sworn, 4 to receive no compensation, 6 officers of how and when to be elected, 10 what shall constitute a quorum, 10 Correction, house of, (see " house of correction,") 15 Courts established, 8 seals established, 75 Court of Magistrates, act to establish a, 21 to consist of seven justices, 21 jurisdiction of, 21 powers given by city charter and house of correction act con- continued to be exercised as formerly, 21 proceedings in case of examination of persons charged with crime, 22 persons refusing, dc-c, 22 proceedings in criminal cases, 22 what shall constitute a quorum of said conrt, 23 to elect a presiding justice, 23 to establish a seal, 23 when to meet, 23 126 INDEX. Court of Magistrates, appeals from how to be made, 23 clerk to be elected, his duties, 23 penalty for neglect of clerk, 24 forms of writs, proceedings and powers of, 24 fees of, 25 Cove, no person to build any wharf in, without permission, 36 penalty, 36 Cows allowed to go at large, 120 to wear collars around neck, with owner's name, 120 penalty for violation, 120 Cross Walks, ordinance in relation to, 88 no vehicle to stand on, 88 D. Dexter Donation, town meetings to be holden respecting, 4 town meetings respecting, how to be notified, 76 times and place of holding, 76 who entitled to vote in said town meetings, 14 Disorderly Persons, who shall be deemed to be, 18 to be committed to prison, 18 Dogs, act concerning, 66 town council may make laws in relation to, 66 town council may tax owners of, 67 killing sheep or cattle, owners of dogs to be liable for dam- ages, 67 to be killed, on second judgment for damages against the owner, 67 not to run at large between the first of June and the first of November, except muzzled, &,c., 119 penalty for violation, 119 at large in violation of ordinance, to be killed and buried, 119 reward for killing dogs, 120 Dead, an ordinance in relation to the interment of the, 109 physicians to give certificates of disease, 109 undertakers to demand certificate before interment, 109 penalty for not furnishing certificate, 109 monthly return of interments to be made, 109 abstract of same to be published, 110 funerals to be in day time, 110 depth of the graves of the, 110 no burials except in grounds designated, 111 Drains, in what manner to be laid through private or public lands or streets, 39 expense of, to be estimated by commissioners, 39 how to be paid, 39 city treasurer to sue for, in case, 40 estates to be liable for, _ 40 Drunkenness — persons intoxicated may be fined or imprisoned, in certain, E. 19 Elections, manner of notifying ward meetings for, 77 Electors of President and Vice-President of the United States, how chosen, *" Encroachments on streets prohibited, ^4, 85 penalty for so doing, 96 INDEX. 127 Engine Houses, &c., under control of fire-wards, 88 Engine Companies, members of, appointed by the city council, 55 number of, 55 privileges of, 56 Fbrry Boats, act concerning in the harbor of Providence, 37 mayor and aldermen to establish ferries, 37 mayor and aldermen to affix penalties, and rates of ferriage, 37 Fire, act providing in case of the breaking out of, in Providence, 53 owners of houses pulled down or blown up in time of, to be paid therefor, in case, &c., 53 stealing in time of, how punished, 55 ordinance for the prevention of, 89 committee to superintend building of chimneys, &c., may order the removal of chimneys, stoves, &c., 89 penalty for not complying with said order, 90 lighted candles and lamps not to be carried into barns, &;C., except, &c., 90 how to be carried in the street, 90 shavings, &/C., to be burnt, 90 minor or apprentice violating ordinance for prevention of fires, parent or master to be liable, 91 Fire Companies in Providence, act empowering to inflict penalties, 56 Firemen, privileges of, 55 in the village of Olneyville, act concerning, 56 Firewards, to be annually chosen, 54 general powers and duties of, 54 penalty for disobeying in time of fire, 55 to see that law respecting gunpowder is complied with, 49 may search for gunpowder unlawfully kept, 50 may order gunpowder to be removed or destroyed in time of fire, 50 authorized to purchase new engines and apparatus, 89 authorized to cause engines and apparatus to be repaired, 89 to cause reservoirs to be built, and forcing pumps to be placed, 89 presidents of, to be annually chosen, 53 may direct houses, &c., to be pulled down or blown up, in time of fire, 53 Fire-Arms, act relative to the discharge of, 68 and the firing and selling of fire- works, 68 forfeiture for making bonfire in public street, &c., 68 loaded with shot, &c., not to be discharged in streets, 68 not to be discharged within certain limits, 68 forfeiture for firing gun, &,c., between sunrise and sunset, 68 Fireworks, forfeiture for selling fireworks without license, or using the same, 69 Freemen, vi^ho are declared, 14 Funerals to take place between sunrise and sunset, unless other- wise permitted or directed by the board of health, 110 Fences, penalty for defacing, 118 G. Goats not allowed to go at large, j20 Grain, Salt and Sea Coal, act to regulate the measuring of, 57 certain towns shall elect measurers, other towns may, 57 measurers to be engaged, 57 may appoint deputies, 57 fees of measurers, §7 imported, to be measured, 57 sold, to be measured, in case, gjg penalty for selling without being measured, '^ penalty on measurers for refusal or neglect, 58 sold by weight, not to be measured, 58 Graves, depth of, jjq Guns, not to be fired loaded with bullet or shot, across any road or street, 68 forfeiture for firing muskets, &c., in Providence, 68 forfeiture for firing gun, (fee, between sunset and sunrise, 69 ordinance to prevent the firing of, &lc., in the streets and other public places, 113 Gunpowder, act regulating the storage, safe keeping and transpor- tation of, in the town of Providence, 47 not to be kept, in quantities exceeding five pounds, ex- cept, &c., 47 not to be sold without license, 48 kept, &/C., contrarjf to provisions of act, may be libelled, 49 process against, 49 penalty for rescuing, when seized, 4^ fireward to see that law respecting is complied with, 50 may be removed or destroyed by firewards in time of fire, 50 persons injured by the explosion of, when unlawfully kept, &/C., to be entitled to damages, 50 vessels with gunpowder on board, where to anchor, 50 where to be landed from vessels, 51 how to be secured when transported, 51 how to be transported, 61 licenses for sale of. 51 how to be kept by licensed persons, 51 persons licensed to sell, to keep up signs, 52 penalties for violation of act respecting, 52 H. ^^AY Market, ordinance in relation to the, 95 hay to stand for sale in the, 95 city scale to be kept in repair, 95 city treasurer to appoint weigher, 95 Harbor and Public Waters, act relative to the, 33 town of Providence authorized to prevent encroachments on the, 34 bounds of the, 34 not to be obstructed, 34 obstructions of, how to be removed, 34 penalty for violating laws, &c.. relative to encroachments or obstructions in, and for the preservation of the channel, 34 act in addition to said act, 35 INDEX. 1^ Harbor and Public Waters — no person to fill out any part of the waters covered by ordinary tides, unless permanent wall be built, 35 penalty for so doing, 35 act in addition to said act, 35 no person to build any wharf, &c., in cove, without permis- sion from the board of aldermen, 36 board of aldermen authorized to prevent building of wharves, streets, &c., in cove, 36 city not required to repair streets, until declared public, 37 act in addition to said act, 69 the city council may authorize railroad depot upon public waters, 69 private property protected, 70 Harbor Master, act to authorize the town council of the town of Providence to appoint a, 37 Health Officer, (see ordinance respecting quarantine,) 103 Highways, act for laying out, 26 town not obliged to repair them until specially ordered by the town council, 26 certain streets declared to be public highways, 26 act concerning the establishment of highways in the city of Providence, 27 may be laid out on petition, 28 plats of which have been recorded, may be established, 28 may be laid out by mayor and aldermen in certain cases, 5J^ may be laid out on petition in certain cases, 28 lands used as a highway for twenty years, may be declared public highway, 29 surveyor of, to superintend the laying or altering of sidewalks, 30 Hogs and Swine prohibited from going at large, 120 going at large, declared forfeited, 120 Horses prohibited from running at large, 120 every owner to be fined, 120 Hospital, (see ordinance respecting quarantine,) 103 House of Correction — act authorizing the city of Providence to establish a, and for other purposes, 15 keeper of, to be elected by the city council, 15 to make report to the supreme judicial court, at every term, 15 other officers of, 15 city council to have power to make regulations, 16 commitments to be in writing, — by whom to be executed, 16 where to be made, 17 to be deemed a common jail, so far that habeas corpus act may apply to it, 16 persons committed to be kept at hard labor, 17 vagrants to be committed to, 17 disorderly persons to be committed to, 18 intoxicated persons to be committed, 19 board of aldermen may discharge from and recommit to, 19 act in amendment of said act, 20 mayor and aldermen may liberate persons committed to, 20 1. Inspector of Beep and Pork, act authorizing the city of Provi- dence to elect an, 65 17 130 INDEX Inspector of Beep and Pork, rights, powers and fees of, 65 to give bond and be sworn, 65 Interments, monthly returns of to be made, 109 J. Justices of the Police Court, jurisdiction of, 13 proceedings may be had by warrant or writ, 13 L. Lamp Posts, no person shall injure, 118 penalty for so doing, 118 Licenses to sell gunpowder, how granted, 48 Lighting Streets, board of aldermen to provide for, 84 Lime, act regulating the storing of in the town of Providence, 46 not to be stored below the highest tide-water mark, 47 stored contrary to the provisions of act, may be removed, 47 expense of removal of, how to be paid, 47 owner of may be fined, 47 fire, happening by illegal storing of, 47 occupant of building to be fined, 47 Low Grounds, covered with stagnant water, act for filling up certain, 38 Lumber and Wood, act regulating the piling of, within certain lim- its in Providence, 46 not to be piled to a greater height than thirteen feet, within certain limits, 46 Lumber, act regulating the survey and admeasurement of, brought by water, or imported into this state, 59 surveyor general for Providence to be appointed by the city council, 59 duty of, 59 deputy surveyors of, to be appointed by surveyor general, 59 duties of surveyors, 59 five kinds of, 59 spruce, hemlock and juniper, kinds of, 60 ash, maple and hard wood, kinds of, 60 how to be surveyed and marked, and by whom, 60 mahogany, cedar and cherry tree, how surveyed, 61 for ship-timber, how surveyed, 61 fees for surveying, 61 imported, to be surveyed, 62 penalty for buying or selling without survey, 62 penalty for defacing surveyor's marks, 62 penally for fraud in surveying, 62 surveyor general of, to re-survey in case, 63 surveyor general of, to make return of lumber surveyed, 63 surveyors of, to be appointed annually in each town, 63 surveyors of, to keep a true record of all lumber surveyed, 64 made in this state, not required to be surveyed, 64 act in addition to said act, 64 soft pine, how measured, 64 M. Magistrates, court of, (see court of magistrates,) 21 Marshal, city, to cause bells to be rung for ward meetings for elections, 77 for town meetings relative to Dexter donation, 77 INDEX. 131 Marshal, city, ordinance prescribing the duties of, 79 Market Place, ordinance describing and establishing the, 91 limits of the, 91 tents and booths not to be erected within the limits of the, 94 Markets and Market Place, ordinance for the regulation of the, 92 duty of clerk of the market, 92 horses and carriages not to stand in, except as directed by the clerk, 92 market hours, 92 stalls, scales and weights in, 93 offal to be removed from, 93 stalls to be leased, 93 how to be underlet, 94 all articles to be weighed on city scales, 94 sale of tainted provisions in, prohibited, 94 how many casks may be kept in, 94 no tents or booths allowed in, 94 Fish market, regulations of the, 94 stalls reserved in, 94 how leased, 94 how underlet, 94 time of business in, 94 offal, how disposed of, 94 intemperate persons prohibited from using or tending any of the stalls in, or loitering in or about the, 95 clerk to complain to city marshal of violations of ordinances committed in market place, 95 hay market, ordinance in relation to, 95 hay to stand for sale in the, 95 city scale to be kept in repair, 95 weigher to be appointed by the city treasurer, 95 Mayor, how and when to be elected, 9, 10 general powers and duties of, 4 salary of, 5 to notify persons complained of as permitting nuisances, 115 to have power to remove paupers, 25 to sign warrants, commitments, or orders of removal, 25 Mayor and Aldermen, powers of former town council transferred to the, to appoint one of the aldermen to act as municipal judge in case, 8 authorised to appoint watchmen, 20 authorised to appoint special constables, 20 authorised to establish ferries, 37 required to give information of offences against the act for the erection of buildings in Providence, 45 Mayor or Aldermen authorised to liberate persons from jail, in certain cases, 20 Municipal Court, to hold regular terms, 7 to exercise probate jurisdiction, 7 original and appellate jurisdiction of, defined, 7 may empanel juries, 7 process from how to be served, 7 proceedings of, how to be recorded, 7 appeals from the, 8 one of the aldermen to act as municipal judge in case, 8 132 INDEX Municipal Court, ordinance appointing times and places for hold- ing, , ^ 76 ordinance establishing the seal of, 75 clerk of, to be the keeper of the seal of, 76 N. North Burial Ground, ordinance in relation to the, 111 vaults not to be built, nor enclosures made in, except by coi^- sent of the city council. 111 penalty for violation, 111 overseer of, to keep fenc3s of in repair. 111 to report violations of ordinance respecting to the loaypr, 111 Nuisances, ordinance in relation to, 114 duties of committee on, 114 which can be abated for ten dollars, 115 proceedings, 115 penalty, 1 15 other nuisances, 115 proceedings, 115 o. Officers, certain, to be annually appointed, in addition to those specially designated and required to be appointed by the city charter, 74 whose appointment is in conformity to city ordinances or regulations, 74 Q1.NEYVILLE, act respecting firemen in the village of, 56 Ordinances, titles of, 71 when to go into operation, 73 repeal of former, 73 how to be published, 73 hereafter enacted, to be published, 78 enacted to be published once in two years, 78 p. Paupers, mayor to have power to remove, 23 warrants, &lc., to be signed by mayor and sealed with city seal, ^ P4.VEMENTS, how to be taken up for digging trenches, 86 light to be kept, 86 Physicians to give certificate of disease of any person dying, 109 penalty for neglect to do so, 109 Police Court, jurisdiction of, 8 to record its judgments, Slc. 8 appeals from, 8 any one of the justices of, to have the same jurisdiction as was exercised exclusively by the police court, 13 Poor, act in amendment of an act for the relief, support, employ- ment and removal of the, 25 Pork and Beef, act authorising the city of Providence to elect an inspector of, 65 inspector of, his rights, powers and fees, 65 to give bond and be sworn, 65 INDEX. l^ Presidents of Firewards, to be annually appointed, SQr powers and duties of, 53 disobedience to, how punished, 55 Privy Vaults, ordinance relative to the removal of the contents of, 117 no removal to be made before 10 P. M., between April and November, 117 vehicles to be covered, and not to stand in street, 117 penalties, 117 Providence, city of, an act to incorporate, city charter, 3 an act in amendment of said act, 12 an act in addition to said act, 13 Public Schools, freemen empowered to assess and collect taxes for support of, 14 ordinance in relation to, 100 number and description of, established, 100 who are to be instructed therein, 100 character of instruction in, 100 high school, 100 number of pupils in high school, 100 ages at which pupils may be admitted to, 101 time pupils may remain in high school — who may attend it, 101 superintendent of public schools, by whom appointed, 101 duties of superintendent of, 101 commencement of school year, 101 schools for colored children, 101 tuition for colored children may be paid in certain cases, 101 salaries of teachers, 101 school committee to control money appropriated for schools, 103 duties and authority of school committee, 102 Public Watch, ordinance for the establishment of, 112 board of aldermen may appoint watchmen, 112 duties of watchmen, 112 persons arrested by watchmen may be discharged in certain cases, 1 12 instructions to watchmen — mayor may suspend watchmen from duty, 112 compensation of watchmen, 112 Pumps and Wells, ordinance relative to, 119 clothes, &/C., not to be washed in troughs attached to, 119 penalty for offending, 119 firewards authorised to construct forcing pumps, 89 Quarantine, ordinance respecting, 103 quarantine ground, bounds of, 103 what vessels may pass, by leave of health officer, 103 what vessels shall not unload at the wharves, 103 vessels laden with salt, 103 vessels in ballast, 103 vessels passing Field's Point in the night, to anchor, 105 persons going on board of vessel, to remain during quaran- tine, 105 hides, horns, &c., not to be landed, except, &c. 105 bedding, &c., to be washed, 105 134 INDEX duARANTiNE— penalty for refusing to give information to health officer, X06 persons ordered 'to hospital, not to depart without leave, 106 no person to go within fifty yards of hospital, except, &-c., nurses, 107 bilge-water when to be pumped from vessels, 107 rules and regulations for vessels at, 107 penalty for breach of the rules, 107 board of aldermen to assign term of quarantine, 108 may suspend ordinance respecting, 108 R. Railroad Depot, city council may authorize upon public waters, 69 Representatives to the general assembly, how elected, 10 to receive certificates of election from the city clerk, 10 Representatives to congress, how to be voted for, 10 Revelling, &c., ordinance to prevent, in the public streets, 10 Riding, act to prevent excessive, in any of the places therein men- tioned, . 32 penalty for offence against the act, 33 s. Salt, Grain, and Sea Coal, act to regulate the measuring of, 57 measurers of, to be annually appointed, 57 duties and compensation of, 57 to certify, &c. 58 penalties for breach of act concerning, 58 Schools, see ("public schools,") 14, 100 Sea Coal, Salt and Grain, act to regulate the measuring of, 57 Sealer City, weights and measures to be sealed by, 46 Seals, ordinance establishing the city seal, and seals for the board of aldermen and for the municipal court, 75 court of magistrates empowered to adopt a, 23 Sergeant City, ordinance prescribing the duties of, in certain cases, 78 Shavings, &c., not to be left in the street, 90 carpenters, &c., to remove from shop, 90 Sheep not allowed to go at large, 120 Shops, dc-c, not to be opened after 11 o'clock, P. M., nor on Sun- days, 113 Sidewalks, act concerning, 29 act in addition concerning, 31 to be built, altered and repaired, at the expense of owners of adjoining land, 29 commissioners of, to be annually chosen, 29 their general duties and powers, 29 to notify owners, &,c., of lands, in case, &c., 30 proceedings in case of neglect to repair, 30 repairs to be done under the inspection of surveyor of high- ways, 30 corporations liable to taxation to repair, 31 act in amendment of an act concerning, 31 powers of sidewalk commissioners vested in city council, or officers appointed by them, 31 ordinance for the preservation of, 86 INDEX. 135 Sidewalks, horses and vehicles not to be driven upon, 86 snow to be removed from, 87 goods, &c., not to be deposited on, 87 awning over, how to be placed, 87 fines for violation of ordinance respecting, when to be sued for, 88 street commissioners may direct the building of, 82 Sign Boards, how to be placed, 84 Slaughter Houses, in the town of Providence, act respecting, 66 Sliding on sleds, &c., in street, prohibited, 84 Stagnant Water, act for filling up certain low grounds covered with, in the compact part of Providence, 38 Stores, &c., not to be opened after 11 o'clock, P. M., nor on Sun- day. 113 Stoves and stove pipes, ^c, committee to superintend the plac- ing of, 89 committee may order the removal of, in case, &-c., 90 Streets and Gangways, act declaring certain private streets and gangways in the town of Providence, to be public high- ways, 26 Strets and Highways, ordinance relating to, 83 vehicles not to remain unharnessed in, 84 goods, &-C., not to be deposited in, 84 lighting of, board of aldermen to provide for, 84 playing ball in, prohibited, 84 sliding in, on sleds, &:,c., prohibited, 84 sign boards, how to be placed, 84 staging, &LC., how to be erected, 84 building materials, not to remain in, 85 work, how done, 85 light to be kept, 85 master workman and employer liable in certain cases, 85 no coal dust, ashes, ^c, to be thrown into, 85 wood, lumber, dec, not to remain in more than twenty-four hours, 85 pavements, how to be taken up, 86 encroachments on, street commissioners to report to the mayor, 83 ordinance to prevent revelling and other disturbances in, 112 ordinance to prevent the firing of guns, fiec, in, and other public places, 113 street commissioners to make surveys of, 81 Street Commissioners, an ordinance establishing, 80 three, to be annually appointed, 80 duties of, 80 to make surveys of streets, 81 to notify parties, . 81 to fix grades, 81 copy of the grade established to be left in the office of the city clerk. 81 appeals, to whom made, 81 monuments to be fixed, 81 plat to be recorded, 81 may direct building of side-walks, 82 in case of neglect to build, work to be done by surveyor of highways, 82 may order fences built, or posts, &c., removed, 82 surveyor to pave gutter in certain cases, 83 136 INDEX. Street Commissioners, lo examine lines of street, and report en- croachments, 83 compensation of, §3 Sunday, no shop, store, dtc, to be opened on, 113 Superintendent of public schools, who appointed by, 83 Surveyor of Highways, his duties, 101 to proceed to build sidewalks, when the owner of the adja- cent estate refuses, 82 mode of collecting the expense of building the same of the owner, S^ to pave gutters, when owners of property on the street fur- nish curb-stones, 81^ Swine running at large, declared forfeited, 120 Tax, town of Providence authorised to assess, for free schools, 14 collector of, to give bond for amount of, 98 sureties to be approved by board of aldermen, 98 Tents and Booths, not to be erected in the market place, 98 Town Meeting to be holden respecting Dexter donation, 4 times and place of holding, respecting Dexter donation, 76 who are entitled to vote in said, 14 u. Undertakers, to be appointed by the city council, 109 certificate of the physician attending persons dying, to be given to, 109 to enquire for certificate of the physician, 109 to make monthly returns to the clerk of the board of health, of all interments, &c., 109 the returns to be recorded. 111 penalty for violation of the provisions respecting, 110 any person other than, shall first obtain permission to manage and conduct a funeral, 110 shall not bury except. 111 Vaccinated, record of need not be kept under certain circumstances, 68 Vagrants, who shall be deemed to be, 18 to be committed to prison, 18 Vegetable Substances, not to be deposited in certain waters of the city, 116 Vessels not to be fastened to Weybosset bridge, 33 with gunpowder on board, where to anchor, 50 what may pass the quarantine ground by permission of the health officer, 103 which shall not unload at wharf, 104 loaded with salt, 104 in ballast, . 104 passing Field's point, to anchor, 105 passing quarantine ground without permission, penalty for, 105 persons going on board, to remain during quarantine — penalty, 105 having sickness on board, not to come to wharves during quarantine, 105 rules for, in quarantine, 1^7 INDEX. w. 137 Wards, division into, 9 may be altered by the city council, 9 officers of, when to be elected, 13 Wardens, when to be elected, 13 duties of, '9 ordinance fixing the compensation of, 77 Ward Clerks, when to be elected, 13 ordinance fixing the compensation of, 77 Ward Meetings, what shall constitute a quorum in, 9 votes given in at, for representatives to general assembly, to be endorsed with the names of freemen voting — votes given in at, for representatives to general assembly, to be sealed up, certified, &,c., 9 ordinance prescribing the manner of notifying, ^ 77 Watch, public, ordinance providing for the establishment of, 113 duties of, 112 persons arrested by, may be discharged in certain cases, 112 to be governed by instructions as may be given by mayor or the board of aldermen, 112 mayor may suspend from duty, 112 compensation of members of, 112 mayor and aldermen may appoint watchmen, 20^ Wa-Ters, public, towns may prevent encroachments upon, 33 city council may authorize railroad depot upon, 69 Weights, ordinance in relation to, and measures, scales and bal- ances, 96 and measures to be sealed, 96 Weighers of Coal to be annually appointed — coal to be weighed, 97 fees of, 98 penalty for selling coal not weighed by, 98 Weybosset Bridge, an act to prevent damage being done to by fast- ening vessels to the same, 33 Wharves, not to encroach upon the harbor by building, 34 to be kept in repair, 34 penalty for not keeping in repair, 34 Wonasquatucket River, bathing in within certain limits, pro- hibited, 118 Wooden Buildings, not to be removed without permission of city council, 42 LIBRARY USE RETURN TO DESK FROM WHICH BORROWED MAIN LIBRARY CIRCULATION DEPARTMENT THIS BOOK IS DUB BEFORE CLOSING TIME ON LAST DATE STAMPED BELOW ; "ip'- !^ v' ' ' or ~ REC. CIR. JAN 17 76 LD62A-30m-7,'73 General Library (R227sl0)9412-A-32 University of California Berkeley 30ot-6,'14 I v^ ^ /UU / ■/is ^3 928736