duty of all magistrates, civil officers, and of all good citizens of said town, in their respective stations, and as far as they may be required, to aid and assist such fireward or firewards in executing the duties hereby required. to see that with. SEC. 6. And be it further enacted, That the said fire- Firewards wards, or any of them, may enter the store or place of any the law is person or persons licenced to sell gunpowder, to examine complied and ascertain whether the laws relating thereto are strictly observed; and also whenever there may be an alarm of fire; and in such last case may cause the powder there deposited to be removed to a place of safety, or to be destroyed by wetting or otherwise, as the exigency of the case may require; and it shall be lawful for any one or more of the firewards aforesaid, to enter any dwellinghouse, store, building or other place in said town, to search for gunpowder, which they may have reason to suspect to be concealed or unlawfully kept therein; first having obtained from some justice of the peace of said town, a search-warrant therefor; which warrant any one of the justices of said town is hereby respectively authorized to issue, upon the complaint of such fireward or firewards, supported by his or their oath or affirmation. explosion SEC. 7. And be it further enacted, That any person who Party inshall suffer injury by the explosion of any gunpowder had, jured by kept or transported within the town of Providence, con- entitled to trary to the provisions of this act, may have an action of damages. the case, in any court proper to try the same, against the owner or owners of such gunpowder, or against any other person or persons who may have had the custody or possession of the same, at the time of the explosion thereof, to recover reasonable damages for the injury thus sustained. der, where SEC. 8. And be it further enacted, That no ship or oth- Vessels er vessel on board of which gunpowder shall be laden, with pow shall lie at any wharf in the town of Providence, nor at to anchor. any place north of india-point channel within said town. place de town SEC. 9. And be it further enacted, That when any gun- To be powder shall be landed in the town of Providence, from landed at on board any ship, boat or other vessel, the same shall signated and may be brought to and landed at such place or by the places as may be designated by the town-council of said council. town; and when any gunpowder shall be intended to be laden on board of any ship or vessel lying in the harbor of Providence, the same shall and may be brought to and delivered and laden from such place or places as may be In what shall be designated as aforesaid, and no gunpowder shall be land'ed at, or shipped from, any other wharf or place in said town, nor detained an unnecessary length of time at said wharf or place. SEC. 10. And be it further enacted, That all gunpowder manner it which shall be transported through said town, to whatever secured. place it may be destined, shall be put into strong leather bags closely tied, and on which shall be painted in Roman capitals, the word "GUNPOWDER," and shall so remain in said bags whilst it is within the bounds of said town, and shall not be suffered to remain a longer time than is necessary in the boat or carriage in which it may Proviso. be transported: Provided however, That said bags may be taken off whenever said powder shall be deposited in some magazine, as hereinafter designated. And how ed through SEC. 11. And be it further enacted, That all gunpowder transport- transported through said town, except when carried by the town. hand, shall be conveyed in a cart, wagon or other carriage closely covered with leather or canvass, marked as aforesaid with the word "gunpowder" in some conspicuous place thereon, excepting however, that a quantity of gunpowder, not exceeding in the whole four casks, of twenty-five pounds each, may be received and put into any cart or wagon which is to pass through any part of Proviso. the town on its way to the country; provided that each cask shall be put into a leather bag, closely tied up and marked as aforesaid, and so remain until without the bounds of said town. boats. When in SEC. 12. And be it further enacted, That all boats employed in transporting gunpowder, shall have the casks of powder covered with canvass, and shall have a red flag displayed in the bow or stern of the boat, so long as any powder remains on board. Applica conce. SEC. 13. And be it further enacted, That all persons who tion for li- wish to have a licence to keep and sell gunpowder within the town, shall make application to the town-council in writing, stating their place of business, and whether they wish to sell by wholesale or retail, or both; and to each person or firm who may be approbated, a certificate of licence shall be granted on payment of the fee established by law. What may be SEC. 14. And be it further enacted, That every person or quantity firm who may be licenced to sell gunpowder by retail, kept, &c. shall be allowed to keep in the place or building desig nated in the licence, twenty-five pounds of gunpowder, and no more, at one time, which shall always be kept in tin or copper cannisters, capable of containing no more than twelve and a half pounds each, with a small aperture at the top, and a tin or copper cover thereto. what man ner. SEC. 15. And be it further enacted, That every person or And in firm who may be licenced to sell gunpowder by wholesale, shall provide and keep a tin or copper chest, with two handles and a tight cover, furnished with a hinge, and secured with a padlock, all of tin or copper; such chest shall always be kept on the lower floor, on the right side of, and close to the principal door or entrance from the street into the building so licenced, except when otherwise designated by the council, and shall always be kept locked, except when powder is put in or taken out; and such person or firm, so licenced, shall be allowed to deposite and keep, in such tin or copper chest, a quantity of gunpowder not exceeding four casks of twenty-five pounds each; the heads of each cask not to be opened, and each cask to be kept in a strong leather bag, closely tied and marked as aforesaid. SEC. 16. And be it further enacted, That every person Sign to be or firm licenced to keep and sell gunpowder as aforesaid, kept up. by wholesale or retail, shall have and keep a sign board placed over the door or building in which such powder is kept, on which shall be painted in Roman capitals, the words "licenced to sell gunpowder." designate SEC. 17. And be it further enacted, That no gunpowder Townshall be kept, otherwise than as before provided for li- council to cenced dealers, at any place within the town of Provi- where it dence, except in such place or places, and in such build- shall be ings, as may be designated by the town-council thereof. kept, &c. ures, how SEC. 18. And be it further enacted, That all fines, penal- Forfeitties and forfeitures, except otherwise herein prescribed, recovered. which may arise and accrue under the provisions of this act, shall and may be prosecuted for, and recovered by indictment or action of the case, in any court of competent jurisdiction; one half thereof to and for the use of the poor of said town, to be paid over to the treasurer thereof, and one half to and for the use of any person or persons who may prosecute or sue for the same; and this act shall be deemed and taken to be a public act, and shall and may be proceeded on as such. SEC. 19. And be it further enacted, That the act entitled Repeal. "an act relative to the keeping of gunpowder in the town of Providence," be and the same is hereby repealed: 478 1821. High be laid tition. HIGHWAYS, PROVIDENCE.-SIDE-WALKS, PROVIDENCE. Provided however, That the same shall continue in force for the purpose of prosecuting all offences which may have been committed prior to the passing hereof. An act in addition to an act, entitled "an act for laying out SECTION 1. Be it enacted by the General Assembly, and by ways may the authority thereof it is enacted, That when any petition or out, on pe- petitions shall be preferred to the town-council of the town of Providence, by the owner or owners of any land holden in fee-simple in said town, praying that a public highway or highways may be laid out through his, her or their said land, without any damages to be awarded to him, her or them, and that said town shall not be obliged to be at any expence for repairing said public highway or highways, until said town-council shall afterwards decree that the same shall be repaired at the expence of said town, the said town-council shall have power and authority to cause such highway or highways to be laid out, established, confirmed and opened, in the same way and manner as is provided by the act to which this is an addition. When town lia ble to re pair. 1821. Side walks to SEC. 2. And be it further enacted, That the said town of Providence shall not be liable or obliged to repair such highway or highways, so laid out, established and opened, according to this act, until the said town-council shall order and decree that the same shall be repaired at the expence of said town, in the same way and manner as other highways in said town. An act concerning Side-Walks in the town of Providence. SECTION 1. Be it enacted by the General Assembly, and by the be repair- authority thereof it is enacted, That from and after the passing of this act, the side-walks in the streets and highways owners of in the town of Providence, shall be built, altered and repaired, at the expence of the owners of the adjoining lands, in the way and manner hereinafter provided. ed by adjoining lands. Commis sioners to be ap SEC. 2. And be it further enacted, That the freemen of said town, at their annual election of town-officers, shall pointed. appoint three of their number, who shall be called commissioners of side-walks, and who shall have power and authority, and whose duty it shall be, to superintend, or- Their der and direct the manner of building, altering and amend- power. ing the side-walks, and to order and determine of what height and width the same shall be, and of what materials the walks shall be composed, and how and with what secured and finished; with power to alter and improve those already made, in such way and manner as they think the public convenience requires; to build or alter any wall on any lot adjoining the street, and to remove any steps, posts, cellar-doors, or other obstructions in the side-walks. be noti neglect, SEC. 3. And be it further enacted, That when the said Owners to commissioners shall have determined in what manner, to and of what materials, and within what time, any new side- make rewalk shall be made, or in what manner and within what pairs. time any old side-walk shall be altered and improved, they shall cause written or printed notice thereof to be personally given to the owner of the adjoining lot, if residing within the town of Providence, particularly describing the materials, width, heighth and manner the side-walk shall be built, or the alteration to be made; but if the owner shall not reside in said town, then the notice shall be given to the tenant in possession; but if no tenant shall be in possession, then the same shall be published in one of the newspapers for the town of Providence, for three successive weeks: at the expiration of In case of the time so limited by the commissioners, if the work commisshall not have been performed or proceeded in according sioners to to the directions of the said commissioners, they shall, in their discretion, order the surveyor of the highways for the time being to proceed, at the expence of the town, and execute the directions so by them given to the owner; a copy of which order shall be by them given to said surveyor; and when the same shall be by him accomplish-certify the ed, it shall be the duty of the commissioners to certify the cost to the expences thereof to the assessors of taxes for said town, together with ten per cent. in addition thereto, to cover the interest, cost of assessing and collection; and the said sum so certified shall be by the assessors added to the Which tax of the owner of such adjoining lot, so neglecting as added to aforesaid; which proceedings shall be conclusive, and the ownthe said owner with his estate shall be responsible there- er's tax.. for, in the same manner as for other taxes. SEC. 4. And be it further enacted, That any side-walk which may be hereafter built, altered or repaired by the do it. shall assessors. shall be |