All repairs, &c. to be done under the

inspection

owner of the adjoining lot, shall be done under the inspection of the surveyor of the highways for the time being, and in pursuance of the directions given by the commissioners aforesaid for that purpose: and that until the of the sur- next annual election of town-officers, Edward Carrington, Charles Dyer and Dexter Thurber be and they are hereby appointed commissioners of side-walks, and authorized and required to carry this act into full effect.

veyor.

1797, 1817 An act for filling up certain Low Grounds covered with stagnant water in the compact part of the town of Providence.

$22.

Town

council to Cause do

grounds covered

with wa

ter to be

filled up.

WHEREAS it hath been represented unto this assembly, that certain low grounds in the compact part of the town of Providence are covered with stagnant water, to the great prejudice of the inhabitants in the vicinity of such places; for remedy whereof,

SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That upon information being given of any such place or places to the town-council of the said town, the said town-council shall appoint a committee to examine the place or places so complained of, and make report thereof to them; that if on report of such committee, it shall be the opinion of the said town-council that such place or places ought, for the security of the inhabitants, To notify to be filled up, they shall, by their sergeant or other prothe own per officer, notify the owner or owners of such lands, or of non-residents, his, or her, or their agent or attorney, that they do fill the same within a time to be limited by said Upon their town-council; and that upon the refusal and neglect of such owner or owners, his, her or their agent or attorney, to fill up such low grounds with earth, within the To cause time limited as aforesaid, the said town-council shall apto be done. point a proper person or persons to fill the same with earth, of such depth as they may think necessary.

neglect.

the same

Accounts therefor

to be audited.

SEC. 2. And be it further enacted, That the accounts for all such services as aforesaid, shall be presented to the town-auditors of the said town, and be by them audited, and the sums allowed certified; that the owner or owners And own- of such lot or lots of land, or his, her or their agent or attorney, shall be notified of the same, in the manner hereinbefore provided; and that upon the refusal or neglect of such owner or owners, his, her or their agent or attorney,

ers noti

fied, &c.

to pay the bills so audited, the said town-council shall give an order or orders on the town-treasurer of the town for the amount of the same, who is hereby authorized to pay the amount of such bills out of the town-treasury.

to sue for

SEC. 3. And be it further enacted, That the said town- Towntreasurer, upon his acceptance of such order or orders, treasurer shall be and hereby is authorized and empowered to sue same, &c. for and recover the amount of the same with costs, in an action of debt, to be commenced and prosecuted by him, against the owner or owners of such lots or places so filled up; that the writ in such action of debt may and shall be levied upon such lots or places so filled up, and the same shall and may be sold on execution, to satisfy the judgments which may be obtained in such actions of debt according to law that if after satisfying such executions, any sur- Surplus to plus arising from the sale shall remain, such surplus shall be paid be paid to such owner or owners, his, her or their agent or &c. attorney, by the sheriff, he taking his, her or their receipt for the same; and if such owner or owner's agent or attorney is not to be found within this State, or shall refuse to receive the same, the sheriff shall lodge such surplus in the town-treasury of the said town, to be paid to such owner or owners, or to his, her or their agent or attorney, or other proper representative.

the owner.

a drain to

sioners to make an

SEC. 4. And be it further enacted, That when it shall Council appear to the satisfaction of the town-council of said town, may cause upon the report of a committee to be appointed in the be sunk, manner provided by the first section of this act, that the &o. health of the town and the accommodation of the inhabitants shall require a drain or drains to be laid or sunk through the lands of individuals, and also through any public street or streets or public lands in said town, said town-council shall and may appoint a commissioner or Commiscommissioners, to make survey of the route of such drain or drains, and also a plan or draught thereof, with an es- estimate timate of the expence of the same, also a list and description of all the real estate or estates which would be benefitted thereby, with the names of the owners or occupiers thereof, and an assessment of the expence of the same upon said real estates respectively, according to the benefit respectively by them received therefrom, and on the said town, so far as said town may be benefitted in respect to the draining of its streets and other public lands, and the general accommodation of the inhabitants; and on the report of such commissioners, the said town-council

of ex

be notifi

ed.

shall give public notice, by advertisement in one or more of the newspapers printed in said town, to all persons inParties to terested, to appear before said town-council at a time by them in said advertisement appointed, to make objection, if any they may have, to the said report, estimate and assessment; and the said town-council, after hearing such parties as may appear, shall take the said report, estimate and assessment into consideration, and adopt, amend or reject the same; and on the adoption thereof, shall appoint a commissioner or commissioners to cause such drain or drains to be laid or sunk accordingly.

Expence,

&c.

SEC. 5. And be it further enacted, That the expence of how paid, making or sinking such drain or drains, after the same shall be ascertained, and the accounts for the same approved by said town-council, shall be paid by the said town, and by the owner or owners, occupier or occupiers, of such real estates as shall have been included in the report, estimate and assessment, in the proportion of such expence to the estimate aforesaid; and in case the same shall not be paid within twenty days after the allowance of said accounts by said town-council, the amount of expence not already paid shall be paid out of the town-treasury in the manner provided in the second section of this act; and the town-treasurer, upon acceptance of the order or orders of the said town-council for Treasurer such expences, shall and may sue for and recover the to sue for amount of the same, with costs and interest, in an action mount,&c. of debt against the owner or owners, occupier or occupi

the a

Lien on

the estates.

ers, of the estates assessed respectively in the manner provided in the third section of this act; and may, upon the writ and execution in such action or actions, attach the respective estates so assessed as aforesaid, and sell the same to satisfy the judgment or judgments recovered in such actions, in the manner provided in said third section. SEC. 6. And be it further enacted, That such report and assessment of said commissioner or commissioners, as herein before provided, shall be a lien on said respective real estates from the time of the acceptance of such report by the town-council, and said real estates shall be respectively liable for the amount of the final charges and expences of such drain or drains, in manner aforesaid.

An act authorizing the town-council of the town of Provi- 1815. dence to prevent the passing of Carriages through the streets adjacent to the houses of public worship in said town on Sundays, during the time of divine service.

may pre

SECTION 1. Be it enacted by the General Assembly, and by the Townauthority thereof it is enacted, That the town-council of council the town of Providence be and they are hereby author- vent passized and empowered to adopt, and carry into execution, ing of car. such measures as they may deem proper, to prevent the passing of carriages through the streets adjacent to the houses of public worship in said town on Sundays, during the time of divine service.

riages, &e.

SEC. 2. And be it further enacted, That every person who Penalty. shall wilfully violate any such regulation, adopted by the said town-council, shall forfeit and pay the sum of ten dollars, to and for the use of the said town of Providence, to be recovered in an action of debt, in the name of the town-treasurer, before any court proper to try the same.

An act regulating the storing of Lime in the town of Provi- 1805. dence.

ed below

in case.

SECTION 1. Be it enacted by the General Assembly, and by the Lime not authority thereof it is enacted, That it shall not be lawful to to be stordeposit stone-lime on any floor,platform or ground, with- high-wain any store or other building in the town of Providence, ter mark. below the highest tide-water mark; and in case any May be lime shall be deposited, contrary to the true intent and remove meaning hereof, the town-council of said town are hereby empowered to order such lime to be forthwith removed, by the owner or occupant of such store, or owner of such lime; and in case the owner or occupant of such Penalty store, or owner of such lime, shall refuse or neglect, for the for not res space of twenty-four hours after notice of such order, to remove such lime, he, she or they so offending, shall be liable to pay to and for the use of said town, a fine not exceeding forty dollars; and said town-council shall and may cause the same to be forthwith removed, and may cause so much of said lime to be sold at public auction as will be sufficient to defray the expences of such removal.

moving.

SEC. 2. And be it further enacted, That in case any dam- For dam age shall happen by fire by the storing of lime, contrary age by to the true intent and meaning of this act, the occupant

fire.

of the store or building in which such lime shall be stored, shall be liable to, and pay a fine not exceeding five hundred dollars, to and for the use of said town.

1815, '22. An act relative to the Harbor and public waters of the town of

Town may

Providence.

SECTION 1. Be it enacted by the General Assembly, and by the prevent authority thereof it is enacted, That the town of Providence ments, &c. be and the said town hereby is authorized and empowered to prevent encroachments or obstructions in the harbor of said town, in the cove above the bridge, and in the other public waters thereof; and to make such laws, rules and regulations for the preservation of said harbor, cove and waters, from encroachments and obstructions, as said town shall think proper, from time to time, to make and enact.

Bounda

harbor es

SEC. 2. And be it further enacted, That the proceedings ries of the of said town, on the thirteenth and twenty-fourth days of tablished. July, and the twenty-ninth day of August, Å. D. 1815, relative to the defining and ascertaining the bounds of said harbor, be approved and established, and the boundaries and lines mentioned and described in the report of the committee be and the same are hereby established, except only that the course from a stake at Simmon's wharf to the bluff near the southeast corner of John Corlis' farm, stated to be, in said report, south fifteen and an half degrees east, be corrected, according to the plat made by said committee, to the course of south nine and an half degrees east.

Penalty

croaching

SEC. 3. And be it further enacted, That if any person or for en- persons shall encroach upon any part of the said harbor, as thereon. defined, ascertained and established in and by the next preceding section of this act, by erecting or placing therein any wharf, building, or other fixed obstruction, or neglecting to keep in good repair any wharf or lot adjoining the harbor, for the preservation of the channel, he, she or they so offending, shall forfeit and pay a sum not less than fifty, nor more then five hundred dollars, to be recovered by action of debt, before any court proper to try the same; one half thereof to and for the use of said town of Providence, and the other half thereof to and for the use of the person or persons who shall sue for the and it shall moreover be lawful for the town-coun

same;