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not to be

certain

parts of

Providence.

Wooden highest point in the roof thereof, shall be erected or built, buildings within the limits hereinafter described, in the town of erected in Providence, unless all the external sides and ends thereof be built or composed of brick or stone, except so much as may be necessary for doors and windows; and all double houses, as well as all other buildings which are separated from other buildings by a partition, such partition shall be built of stone or brick; and all additions which shall be made to buildings already erected, and all buildings which shall be erected on old foundations, in part or in whole, shall be deemed and considered within the restrictions and regulations of this act.

Nor re

moved.

Parts in

to be

SEC. 2. And be it further enacted, That no wooden building more than thirteen feet high shall be removed from any other part of the town of Providence, to any place within the limits in this act described and established, without the permission of the firewards of said town, or the major part of them, under such restrictions and provisions as they shall prescribe; nor shall any wooden building heretofore erected within the limits described and established in this act, and not now used as a dwellinghouse, be hereafter occupied as a dwellinghouse without the permission of the firewards as aforesaid.

SEC. 3. And be it further enacted, That the several parts which not of the town of Providence, comprised and lying within the erected. following limits and bounds, be and they are hereby established as containing all the parts of said town in which the prohibitions contained in this act shall operate and have force and effect, to wit: that part of the town on the west side of the river, lying southward and eastward of a line beginning one hundred feet north of westminster-street, at its junction with high-street, and extending eastward, holding the distance of one hundred feet from westminster-street to union-street; then extending northerly through north union-street to the salt water; and that part lying northerly and easterly of a line beginning one hundred feet south of high-street, at its junction with westminster-street, and extending easterly to a point on the north line of pawtuxet-street, one hundred feet from the south line of high-street; then continuing on the north line of pawtuxet-street to its junction with broad-street; then beginning on the east side of chesnut-street, one hundred feet from its junction with broad-street, and running eastward holding the distance of one hundred feet from broad-street to richmond-street; then beginning on

the east line of richmond-street one hundred and fifty feet from broad-street, and running eastward holding the distance of one hundred and fifty feet from broad-street to dorrance-street; thence extending southerly through dorrance-street to the river: all that part of the town on the east side of the river lying westward of a line beginning one hundred feet east of benefit-street, at the junction of said street with wickenden-street, and extending north holding the distance of one hundred feet from benefitstreet, to the range of the south line of star-street.

for erect

SEC. 4. And be it further enacted, That every person who Penalty shall erect or add to, or cause to be erected or added to, ing. any building in said town of Providence, contrary to the true intent and meaning, and against the provisions of this act, shall forfeit and pay a fine of not less than fifty dollars, nor more than five hundred dollars, according to the nature and aggravation of the offence; to be recovered by information in the supreme judicial court, which it shall be the duty of the attorney-general to file, in all cases which may come to his knowledge, or by indictment before said court.

SEC. 5. And be it further enacted, That in addition to To be the fines above mentioned, there shall be laid and assess- taxed, &c. ed upon every house and other building which shall be erected contrary to the provisions of this act, the sum of fifty dollars annually, and every year, until a brick or stone wall shall be erected, as above provided, and until the same shall be effectually secured against fire, according to the provisions of this act: and it shall be the duty of the firewards of said town of Providence, to return to the assessors of said town annually, a list of all such houses or other buildings, erected against the provisions of this act, together with attested copies of the record of the conviction of the person or persons who erected the same, before the said supreme judicial court; and thereupon it shall be the duty of the said assessors to assess upon the owner or owners of such building or buildings, for the time being, the said sum of fifty dollars in addition to his, her or their taxes; which shall be recovered in the same way and manner as other taxes are or may be collected; and the same remedy is hereby given to the collector or collectors of taxes for the recovery thereof: Provided nevertheless, That no such building or buildings Proviso. shall be subjected to such annual tax until an attested copy of said conviction shall have been duly recorded in

Firewards

formation.

the office of the town-clerk of the said town of Providence, whose duty it shall be to receive and record the same.

SEC 6. And be it further enacted, That it shall be the to give in- duty of each and every fireward in the town of Providence, and they and each of them are hereby required to enquire after and give information to the attorney-general of all offences which may be committed against the true intent and meaning of this act.

Fines to

the town.

Provisions

may be

SEC. 7. And be it further enacted, That all fines, penalaccrue to ties and assessments which shall be recovered by force of this act, shall accrue and enure to the use of the said town of Providence, to be paid to the treasurer thereof. SEC. 8. And be it further enacted, That whenever any of this act of the inhabitants of any street or district, or any part of extended. a street or district in the town of Providence, not already included within the limits prescribed for the operation of this act, shall be desirous of having the prohibitions, as by this act established, extended to the street or district in which they reside, or in which they may be possessed of land, the freemen of said town, in town-meeting assembled, are hereby authorized and empowered, on the petition of such inhabitants or proprietors of land, to extend the operation and provisions of this act to such street or district, or any part thereof, in which case the same shall then have full force and effect.

1821.

kept ac

this act,

&c.

An act regulating the Storage, Safe-Keeping and Transportation of Gunpowder in the town of Providence.

Gunpow SECTION 1. Be it enacted by the General Assembly, and by der to be the authority thereof it is enacted, That no person except on cording to military duty in the public service of the United States, or of this State, shall keep, have or possess, in any house, warehouse, shop or other building, nor in any street, lane, alley, passage way, yard or cellar, nor in any wagon, cart or other carriage, nor on any wharf, nor on board of any ship or other vessel, nor in any place within the town of Providence, gunpowder in any quantity exceeding five pounds, in any way or manner other than by this act may be permitted and allowed; and all gunpowder had, kept or possessed, contrary to the provisions hereof, shall be forfeited, and liable to be seized and proceeded against in the manner hereinafter provided.

to sell

shall be in force one

SEC. 2. And be it further enacted, That it shall not be No person lawful for any person or persons to sell any gunpowder without li which may at the time be within the town of Providence, cence. in any quantity, by wholesale or retail, without first having obtained from the town-council of said town, a licence to sell gunpowder; and every such licence shall be written or printed, and signed by the president of said council or their clerk, on a paper upon which shall be written or printed a copy of this act; and every such licence shall be in force for one year from the date thereof, Which unless annulled by said council, and no longer; but such licence may, prior to the expiration of that time, be re- year. newed by endorsement thereon for a further term of one year, and so from year to year: Provided always, That the Proviso. said town-council may annul any such licence, if in their opinion the person or persons licenced have forfeited the right of using the same by any violation of the law relative thereto; and every person who shall receive a licence as aforesaid, shall pay therefor the sum of five dollars, and on having the same renewed, shall pay therefor the sum of one dollar, which shall be paid to the clerk of said council for their use, for the purposes of defraying the expences of carrying this act into execution.

for trans

SEC. 3. And be it further enacted, That any person or Penalty persons who shall keep, have, possess or transport any porting, gunpowder within the town of Providence, contrary to the &c. conprovisions of this act, or who shall sell any gunpowder trary to therein without having a licence therefor, then in force, shall forfeit and pay a fine of not less than twenty dollars, and not exceeding five hundred dollars, for each and every offence; and if any gunpowder kept contrary to the provisions of this act shall explode in any shop, store, dwellinghouse, warehouse or other building, or in any place in said town, the occupant, tenant or owner of which has not a licence in force to keep and sell gunpowder therein, or which gunpowder shall have been kept in any manner contrary to the terms and conditions of such licence, such occupant, tenant or owner shall forfeit and pay a fine of not less than twenty dollars, nor more than five hundred dollars.

this act,

SEC. 4. And be it further enacted, That all gunpowder Kept, &c. which shall be kept, had or possessed within the town of contrary to Providence, or brought into it, or transported through may be lithe same, contrary to the provisions of this act, may be belled. seized and taken into custody, by any one or more of the

Process against.

firewards of said town, and the same shall, within ten days next after the seizure thereof, be libelled by filing in the office of the clerk of the court of common pleas, within and for the county of Providence, a libel stating the time and place and cause of such seizure; a copy of which libel, or the substance thereof, together with a summons or noParty to tice, which such clerk is hereby authorized to issue, shall

be noti

fied.

may be

be served on the person or persons from whose custody or possession, or in whose tenement, such gunpowder shall have been seized, if such person or persons be an inhabitant or inhabitants of this State, by delivering a copy thereof to such person or persons, or leaving such copy at his, her or their usual place of abode, twenty days at least before the sitting of the court at which the same is to be heard, that such person or persons may appear and shew cause why the gunpowder so seized and taken shall not be adPowder judged forfeit; and if the gunpowder so seized shall be forfeited. adjudged forfeit, the person or persons in whose custody or possession the same was seized, or the occupant or tenant of the place wherein the same was seized, shall pay all costs of prosecution, and execution shall be isProviso. sued therefor, provided it appear that such person or persons had due notice of such prosecution by service as aforesaid; and in case the person or persons in whose custody or possession, or in whose tenement, such gunpowder may be seized, shall be unknown to the fireward or firewards making such seizure, or in case such gunpowder at the time of seizure may not be in the custody or possession of any person, or if it shall appear by the return of the officer, that such person or persons cannot be found, or has no known place of abode in this State, then said court shall and may proceed to adjudication thereon; and such libel or summons, and also such writ of execution for costs, shall and may be served and executed in any county in this State, by any officer competent to execute civil process in like cases.

Penalty

SEC. 5. And be it further enacted, That any person or for rescu- persons who shall rescue, or attempt to rescue, any gunder when powder seized as aforesaid, or shall aid or assist therein, seized, &c. or who shall counsel or advise or procure the same to

ing pow

be done, or who shall molest, hinder or obstruct any fireward in such seizure, or in carrying gunpowder so seized to a place of safety, shall forfeit and pay a fine for each offence, of not less than twenty dollars, and not exceeding five hundred dollars; and it is hereby made the

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