USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1881 > Part 5
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In compliance with the ordinance, I have the honor to submit the following report :
My appointment as solicitor dates 4th January, 1881. On com- ing into office I found the cases of Newburyport v. Worthington, and Siter et. al. v. Newburyport, unsettled. The first case was. however, in its last stages, and I have not been concerned in it, but have left it to my predecessor, as it had been argued as appears by a previous report of Mr. Pike, then city solicitor. But the de- cision has not yet been rendered.
The case of Siter and Bruce against the city of Newburyport, was an action of contract in Suffolk county, in the Superior court, based on a claim to cempensation for architect's plans alleged to have been furnished by plaintiffs for a projected almshouse. The plans were used by a sub-committee for reference, and were recom- mended to the common council for adoption by the committee, but the almshouse was not built and the plans remained in the care of the city, never having been adopted, returned or paid for. The verdict was for plaintiffs. The hearing, which was in Boston, in March, occupied three days, and the case required attendance daily for seven days, as it was upon the short list for that length of time, in hourly peril of being reached. This action was begun in August, 1880, and could not after January 1, 1881, be compromised or set- tled except by payment of the whole bill. which by ex- Mayor Cur- rier and my predecessor was deemed unnecessary.
--
:
90
REPORT OF THE CITY SOLICITOR.
The case of Henry v. Newburyport was an action of tort, begun in May, 1881, and returnable to the June term of the Superior court in this county. It has not been entered.
The case of the inhabitants of the town of Douglas v. Inhabi- tants of the city of Newburyport, an action of contract, was begun in August, 1881, and entered in Superior court for Worcester county, November term. The amount claimed is about $200, and is for the support of Rev. J. W. C. Pike, who. in the declaration. is alleged to have been aided as a pauper, but to have had his set- tlement in Newburyport. The declaration contained many items. which will hardly be seriously claimed, and has been demurred to as well as answered in bar. It is believed that Pike at the time when the aid is alleged to have been rendered, had no lawful settle- ment in Newburyport.
The case of Pearson v. Newburyport, is an action of tort, begun in September, 1881, and made returnable to the Superior court for Middlesex county ; it is based on an assumed liability of the city. for defects in the highway near the corner of Pleasant and State streets, whereby the plaintiff suffered damage : but it seems to be returnable in the wrong county, and a motion to dismiss it will be made.
There have been besides these cases during the year, three com- monwealth actions in the Newburyport police court which have all been settled, viz : Woodwell complaint v. Mannix, for transporting offal contrary to ordinance. Defendant discharged on the ground that complaint should have been made by city marshal. Randlet defendant, violation of city ordinance respecting sidewalks ; con- victed ; and a case of truancy.
The solicitor deems it his duty to call attention to the landing at the foot of Green street. popularly known as "Riverside Park." It is believed that an arrangement can be made with the owners of Brown's wharf to determine positively and definitely the respective rights of parties riparian to the dock. and that such an arrange- ment will enable the city to perfect an improvement which cannot now be persisted in without the risk of litigation. It is desired by owners that the right of persons to land frem small boats on the east side of Brown's wharf shall not be interfered with by filling in the dock any further than has been done by citizens already. The city has never authorized the use of the landing by its own teams for deposit of rubbish, and has merely tolerated the deposits there
91
REPORT OF THE CITY SOLICITOR.
by others. Written opinions were given to the Mayor, the Com- mittee on Claims, on Public Property, on Highways, on the Fire Department, to the Overseers of the Poor ; and numerous unwritten opinions were also given, and conferences had with the forenamed and with the agent of the Board of Health, and many members of the city government.
An ordinance with reference to the duties of assessors was pre- pared.
A contract for making improvements and repairs on City Hall was written and meetings had with relation to the same. A war- rantee deed of the land on State street, formerly used for the Brown High school, was given by the city, the mayor having been spec- ially authorized to warrant the title, although it was stated and known to the purchasers and the city government that the town of Newbury may not have had any deed of the land. The long pos- session and use of the same by the town of Newbury and the city of Newburyport for public purposes were deemed adequate title in fact, if not in law.
The title of the city to land belonging to the highway enclosed by Thomas Hennessey was conceded by him, and he consented af- ter notice, to hold the land as tenant at will of the city, and has paid rent accordingly.
The claims referred to the committee on claims by the city coun- cil have required much consideration, both to ascertain the facts, and state the law applicable to them. A disposition has been man- ifested to settle every claim to which there was not an obvious de- fence likely to be available before a jury. The cases before the committee on claims, requiring my attendance in which my evidence was introduced, were as follows :
1. In June, John C. Buckley, for injuries caused by a city team. This was rejected on the ground that he was a city employe, and the injury caused by a fellow workman. A lengthy written opinion was given with citations of authorities now on file.
June 2d, Claim of Samuel Oliver : falling into a sewer. This was rejected because of failure to notify city seasonably.
3d. Claim of Mary A. Whalen : the allegations in this case were disputed, and the claim was not, and is not, finally decided, although three sessions and numerous conferences have been had with regard to it.
Sept 4, Claim of David Atkinson for repayment of money alleged
92
REPORT OF THE CITY SOLICITOR.
to have been paid under duress and misrepresentation. Claim al- lowed by reason of the insufficiency of proof of pregnancy. Clai- mant denied all guilt. Opinions of considerable length in these claims, were given to the committee on claims.
The powers of the board of health and the overseers of the poor have come under consideration, and it has been decided that a board of health has no power to declare the keeping of swine by the city, if authorized by city ordinance to be a nuisance, unless the swine seould be kept in an exceptionally filthy manner. And in any case it may well be doubted whether a municipal corporation is liable to summary process, and whether city property, either per- sonal or real, can, in Massachusetts be seized, attached or taken on execution without first giving the city a hearing in court.
The cases at present undecided in which the city is a party are all in the Superior Court, viz :- Newburyport vs. Worthington in Essex County ; Pearson vs. Newburyport in Middlesex County ; Douglas vs. Newburyport in Worcester County.
Respectfully submitted.
AMOS NOYES.
REPORT OF THE CITY MARSHAL.
To His Honor the Mayor and Board of Aldermen of the City of Newburyport :
GENTLEMEN-The whole number of arrests during the year end- ing December 31, 1881, for offences committed within the city of Newburyport, is eight hundred and sixty-one, of which four hun- dred and fifty-two were of foreign birth ; four hundred and nine were born within the limits of the United States ; fifty-four were females, and eighty-three were minors.
The arrests were for the following causes. viz :
Assault and battery 48
Assault on officers 4
Attempt to defraud. 1 Refusing to pay fare 1
1
93
REPORT OF THE CITY MARSHAL.
Larceny from a building ..
Bastardy
1
Refusing to do duty on a vessel
3
Breaking and entering.
1
Cruelty to dumb animals.
2
Common drunkard.
8
Stealing a ride.
2
Carrying concealed weapons
2
Runaway . .
1
Drunkenness .. 507
Drunk, second offense
45
Drunk, third offense.
35
Disturbing the peace
49
Defrauding hotel keepers
3
Malicious injury
1
Embezzlement.
1
Fornication ..
1
Surrendered on bail bond .
1
Deserters. .
3
Disturbing school
1
Rude and disorderly
S
Night walker
1
Insane.
11
Escaped prisoner
1
Larceny
25
Mahem
1
Malicious mischief.
8
Obtaining goods under false pretences.
1
On suspicion
4
Safe keeping 49
Stealing.
1
Stubborn and disobedient.
1
Unlawfully keeping swine
1
Violation of pilot law.
1
Vagrancy ...
6
Violation of the rules of the board of health
1
Violation of city ordinances 9
Violation of the fish law 2
5
Violation of the liquor Jaw
Total 861
Disposed of as follows :
Appealed . 9
Bound over to Superior court 5
Cases continued. 11
Cases settled without trial. 19
Committed for non-payment of fine. 128
4
.
94
REPORT OF THE CITY MARSHAL.
Committed to Danvers hospital. 9
Discharged without complaint. 255
Discharged by court 34
Fined and paid . 307
House of correction 31
Newburyport workhouse 12
Ordered to pay costs
1
Put on probation
9
Placed on file 13
Sentence postponed
1
Sent to jail .
6
Turned over to other officers
1
Turned over to parents
7
Woman's prison, Sherburn
1
Failed to appear .
2
Twenty-four hours to leave the city ..
S
Put on board their vessels 12
Returned to State Industrial School 1
Total. 861 . .
Miscellaneous :
Amount of property reported lost. $1,182 90
Amount of preperty recovered. 759 95
Amount of imprisonment imposed, 19 years, 11 months, 7 days.
Accidents reported
43
Assisted other officers.
497
Buildings found open and secured.
51
Cases of truancy investigated
46
Complaints investigated . .
1402
Defective places in streets reported
88
Dogs killed
15
Disturbances suppressed without arrest
200
Escorts furnished processions
3
Fire alarms given ..
13
Fires extinguished without alarm
2
Injured persons assisted. 15
204
Lights furnished for dangerous places
206
Lost childred restored to parents.
22
Meals furnished lodgers and prisoners
1300
Nuisances investigated .
39
Officers for extra duty at church.
47
Officers for extra duty at City Hall
47
Persons provided with lodgings
535
Search warrant for liquor, served
4
Street obstructions removed.
112
Stray teams put up
29
Persons notified to remove snow
217
Officers for extra duty at school
16
Respectfully submitted,
EDWARD E. TAYLOR, City Marshal. Newburyport, December 31, 1881.
Intoxicated persons helped home
REPORTS
OF THE
CITY CLERK, BOARD OF ASSESSORS,
INSPECTOR OF MILK,
AND
SEALER OF WEIGHTS AND MEASURES.
1881.
:
REPORT OF THE CITY CLERK,
CITY CLERK'S OFFICE, Newburyport, March 1, 1882.
To the City Council :
GENTLEMEN-I have the honor to submit the following annual report of births, marriages and deaths in the city of Newburyport for the year ending December 31, 1881.
BIRTHS.
The number of children born alive during the year 1881, was 381, an increase over the previous year of 47, and a larger number than has been returned since 1867, when there were 383 recorded. The following table showing the number recorded each year since 1861, may be of use for future reference.
Births in the year 1861
.363
Births in the year 1872. 327
1873
.306
66
186:
331
1874
306
66
1864
352
66
66
1875
.350
66
1865
194
66
66
1876
302
66
1866
311
66
1877. 299
1867
383
66
60
1868
324
66
1869.
299
66
1880.
331
66
1870.
313
66
66
1881.
381
66
60
1871.
307
66
66
1878.
284
1879
265
1862
303
The record for the year 1865 appears to be incomplete.
The number of births returned by physicians and midwives in' accordance with the requirements of the act of 1880, to this office was 280, and so far as physicians are concerned the returns appear to be fairly made, the proportion as follows : 272 returned by phy- sicians, 7 by midwives, and 1 by head of a family : there being 101
98
REPORT OF THE CITY CLERK.
to be accounted for. There seems to be the least interest mani- fested where there should be the most; the parents of children born should see to it that the record is properly made ; the calls at this office for this purpose are rarely made.
Of the births 184 were males, and 197 females ; there were two pairs of twins, all females. Eight returned as illegitimate with but one colored.
Births by months and quarters as follows :
First Quarter.
Second Quarter.
Third Quarter.
Fourth Quarter.
January
.40
April .29
July .. .. 31
October. .. .33
February
.27
May .33
August. 33
November 35
March
.25
June.
28
September .31
December. .36
-
92
90
95
104
Christmas day appears to be "high line," nine being recorded . for this day, and all single births-six males and three females.
The nativities of the parents of children born are as follows .
Born in the United States
243
Ireland
90
87
Provinces and Canada
30
38
England
9
8
other foreign countries .
12
4
Unknown
8
1
381
381
Of the native born parents the larger portion are natives of our commonwealth ; from other states, Maine and New Hampshire fur- nish a larger portion, while there are representatives from nine other states.
MARRIAGES.
The number of intentions of marriage recorded and issued during the year 1881 was 141, four less than the preceding year. Of the 141 issued all but two have been returned for record, the marriages having been solemnized here or elsewhere. The number of mar- riages recorded during the year, 154, same as last year, thirteen more than certificates issued. The number of marriages solemnized in this city, 125, fifteen less than last year ; the twenty-nine additional marriages were solemnized elsewhere and returned to this city for
Fathers. 232
Mothers
99
REPORT OF THE CITY CLERK.
record, one or both of the contracting parties having a residence in this city.
Marriages in each month and quarter as follows :
First Quarter.
Second Quarter.
Third Quarter.
Fourth Quarter.
January ... .. 16
April ... .. 13
July
.10
October
17
February
6
May.
11
August
.. 7
November 22
March.
7
June
13
September. .15
December. 17
29
37
32
56
Marriages solemnized by the following named officials :
Congregational :
S. J. Spalding. 21
D. T. Fiske
10
Charles P. Mills
7
James H. Ross
3
Philip Titcomb
1
Presbyterian :
Charles C. Wallace
3
Methodist:
W. M. Ayres 7
W. Silverthorn 4
Daniel Richards. 5
Roman Catholic:
A. J. Teeling 20
John T. Gormley 2
Win. A. Ryan 2
Episcopal :
Edward L. Drown 8
Samuel M. Emery 1
Christian :
Daniel P. Pike 17
W. P. Merrill. 1
Baptist : John T. Beckley. 6
Unitarian : D. W. Morehouse. 1
Universalist : Edward D. Temple. 1
Advent : John Pearson ..
2
Justice of the Peace : David L. Withington .. 1
Non resident clergymen and officials . 31
Of the latter number Rev. O. W. Folsom of Newbury comes in for a large share. viz : eleven.
In the marriages recorded for the year it was the first marriage of 129 grooms, the second of 24, and the third of 1. Of the brides it was the first marriage of 140, and the second of 14.
100
REPORT OF THE CITY CLERK.
Eight brides were under 18 years of age; one being 15, two 16. and five being 17. Nine grooms were under 21 years of age ; four being 18. two 19, and three 20 years of age.
There were two couples where the ages of the grooms were 18 years and the brides 17 years.
The oldest couple. the groom was 50 and the bride 45 years of age ; the third marriage of the groom and first of the bride.
The average age of grooms, 27.6 years, and brides 24.5.
DEATHS.
The number of deaths in Newburyport for 1881 was 281. not in- cluding nine still-births, two less than the previous year. The num- ber of deaths recorded on the books of the city for the year, 365, seventy-five of this number occurring in other places and brought to this city for interment. Interments in this city exceeded the deaths by 31 ; the number brought here for interment exceeding the number conveyed away by that number ; 20 of the 44 removed for interment were interred in Newbury.
The united ages of deceased for the year was 13,050 years, which makes the average for the city for the year 46.44 ; an increase over the previous year of 7.86 years.
Deaths by months and quarters :
First Quarter.
Second Quarter.
Third Quarter.
Fourth Quarter.
January.
23
April .38
July .
14
October 27
February .
25
May.
24
August. 24
November 19
March.
.26
June
20
September 31
December 19
-
74
82
69
65
For further information relating to ages. classification of diseases. etc., reference may be had to the Fourth Annual Report of the Board of Health. in another part of this volume.
Respectfully submitted,
GEORGE H. STEVENS, City Clerk.
101
REPORT OF THE BOARD OF ASSESSORS.
REPORT OF THE BOARD OF ASSESSORS.
ASSESSORS' OFFICE. City Hall. December, 1881.
To the City Council of the City of Newburyport :
GENTLEMEN-It may be of service to compile a few facts gath- ered from the labors of the assessors for the past financial year, in the shape of a report to your honorable board, which we submit in a condensed and convenient form for reference and for the informa- tion of those interested in this department of our municipal affairs.
The whole assessed value of property for taxable purposes the present year was $7,535.456
In Real Estate. $4,849,050
In Personal Property as follows:
Shipping.
$348,700
Resident Bank Shares. 749,606
Other personal property
1,588,100- 2,686,406
$7,535,456
The rate of taxation, $17.20 on a $1000; poll tax, $2; whole number of polls, 3445.
Tax on $7,535,456 ..
$129,609 84
Total polls assessed. 3445
6,890 00
Whole amount raised $136,499 84
For the following purposes :
Appropriated for city expenses $121,280 00
City's proportion of State tax. 6,555 00
City's proportion of County tax 7.135 54
Overlay, or surplus from taxes 1,529 30
$136,499 84
Number of dwelling houses May 1 2090
6. Horses.
555
.6 Cows. 307
.. Sheep 10
.. Oxen 14
12
102
REPORT OF THE BOARD OF ASSESSORS.
Assessors' valuation of property exempt from taxation :
Religious Societies : -
Real estate $202,100
Invested funds 47,600-$249.700
Benevolent and Charitable institutions :-
Real estate .. 9,000
Invested funds. 134.000- 143,000
Literary institutions :-
Putnam Free School, real estate 29,000
Limited funds
45,000- 74,000
Free Public Library, real estate 15,000
Invested funds 26,000- 41,000
8507,700
Respectfully submitted,
C. J. BROCKWAY. GEO. W. JACKMAN, JR .. > Assessors.
NATHANIEL GREELEY, )
103
REPORT OF THE INSPECTOR OF MILK.
REPORT OF THE INSPECTOR OF MILK.
To His Honor the Mayor and the City Council of the City of Newburyport :
GENTLEMEN :- The number of persons licensed to sell milk from wagons and vehicles is fifty-eight.
Twenty-seven reside in the city delivering an average of 2100 gallons daily. Twenty-one reside in Newbury, delivering 214 cans, or 535 gallons. Eight come from West Newbury, with 108 cans. or 270 gallons. Two from Salisbury with 9 cans of 10 quarts each. A total of 1087 1-2 gallons daily average.
The largest quantity brought by any one dealer is 62 1-2 gallons. from West Newbury. I have made numerous tests of milk the past year and have found the results unusually good. But two samples of milk showed any signs of adulteration. and the two in question were ummistakably adulterated to the extent of 25 per cent. water. The persons furnishing me the above samples refused to give information concerning the milkman of whom purchased. consequently no proceedings could be made against him. Other than the two cases above named the samples have been above the average. showing our citizens are supplied with good milk. Be- sides those licensed to sell from wagons, etc., there are sixty regis- tered to sell from stores and dwellings. The stores are mainly sup- plied by those running milk routes, which to dwellings dispose of but a few gallons each, the product of one or two cans only.
C. R. SARGENT. Inspector of Milk. Newburyport. January. 1882.
104
REPORT OF THE SEALER OF WEIGHTS AND MEASURES.
REPORT OF THE SEALER OF WEIGHTS AND MEASURES.
To His Honor the Mayor and the City Council of the City of Newburyport :
GENTLEMEN :- There are nine (9) coal and hay scales located in the city and one railroad track scale, all of which have been visited by me and left correct. During the past year two of the above were condemned and were replaced by new scales of the latest pat- tern. One was completely overhauled and put in good order. There are 13 dormant-scales, all in good condition. The above be- ing stationary and unmovable the sealer is obliged to go to them, with his weights and seals and adjust them, but it is the duty of those owning portable and movable weights scales and measures to bring them to the sealer, consequently I cannot say who are delinquent, not knowing how many such mova- ble weights, scales and measures there may be in use in the city or who use them. It is very evident, however, that since the law was passed that the owner should pay for the sealing and the scaler's salary was removed, people have not readily complied with the law. This is readily seen from the fact that not more than half the num- ber of scales and measures (wet or dry) have been brought in since the change in the law. A number of charcoal baskets have been inspected and found correct, having been previously sealed. But two new charcoal baskets have been sealed. The larger part of charcoal bas been sold by bulk measure, and has been surveyed in the cart ; over 5000 bushels having been surveyed by me in this way.
C. R. SARGENT, Sealer of Weights and Measures.
January 2, 1882.
REPORTS
ON
SINKING FUND, HORTON FUND, -
TRUST FUNDS,
AND
BRIDGES AND CULVERTS.
1881.
REPORTS
REPORT OF SINKING FUND COMMISSIONERS.
TREASURER'S OFFICE, - December 17, 1881. §
To the Committee of Finance :
GENTLEMEN :- I herewith submit a report of the condition of the Sinking Fund at this date, it being the close of the financial year :
Total funds December 18, ISSO .$33,351 03
Excess of income over expenditures for the financial year ending this date. 822 16
Proceeds from sale of Brown High school property . 2,085 00
Interest on investments 1,984 03
$38,242 22
Paid to City of Newburyport to meet notes maturing during the
year. $6,500 00
Amount of funds at this date £31,742 22
Invested as follows, viz:
$20,000 Newburyport 6s. $19,501 26
7,030 Newburyport. 5s. 6.333 88
City of Newburyport notes, 6 per cent ... 5,081 00
Cash on hand 826 08-$31,742 22
Respectfully submitted,
GEORGE W. PIPER. Treasurer.
108
REPORT ON THE HORTON FUND.
REPORT IN RELATION TO HORTON FUND.
TREASURER'S OFFICE, 1 December 17, 1881. >
To His Honor the Mayor and the City Council :
GENTLEMEN :- The sinking fund commissioners as trustees of the Horton Fund herewith respectfully submit their report of the condition of the fund at this date. . Amount of fund December 18, 1880, as per report made on that
date. $19,624 11
852 59
Interest on investments
$20,476 70
Invested as follows, viz:
$15,000 City of Gloucester notes, 412 per cent interest.$15,600 00 $3,000 City of Worcester reg. bonds. 41/2 " 3,255 00
City of Newburyport note, 4 per cent. interest. 405 00 Deposit in Institution for Savings 1,216 70-820,476 70
Respectfully, GEORGE W. PIPER, Treasurer.
REPORT OF THE TREASURER OF THE FOLLANSBEE FUND.
To the Honorable Mayor and Board of Aldermen of the City of Newburyport,-Trustees of the Follanshee Fund :
GENTLEMEN-In compliance with the regulations adopted and in operation for the distribution of the income derived from ·· Follans- bee Fund." I have the honor to present the eighth annual report, showing the manner of investment of said fund and the distribution of the income derived therefrom for the year 1881. The fund is invested as follows :
$3.000 ('ity Railroad bonds at 7 per cent. $2,850 00 Deposit in Five Cents Savings Bank, Newburyport 120 00
Deposit in Institution for Savings in Newburyport and vicinity 30 00
$3,000 00
109
REPORT ON THE FOLLANLBEE FUND.
Income account as follows :
Coupons due March 1, 1881 $105 00
Coupons due Sept. 1, 1SS1. 105 00
Interest on deposit, Five Cents Savings Bank . 4 84
Interest on deposit in Institution for Savings .. 2 12- $216 96
Paid over on orders issued by the aldermen of the
several wards, approved by the mayor :
March 28. 1881, Amos Coffin $89 25
May 9, 1881, N. Varina & Son 13 00
December 23, 1881, Amos Coffin
113 65- $215 90
Unexpended balance to new account $1 06
The distribution of fuel from this fund to persons and families thought to be worthy of such assistance, during the year, is as follows :
Distributed in ward one. $36 50
.. .. two. 34 10
. . 6. .. three
28 50
66 66 four 35 50 ..
66 five. 42 28
.
.. 6
six 39 02- $215 90
Coal, 45,440 lbs. ; pine wood, 4 9-16 cords ; hard wood, 2 5-8 cords.
The number of separate orders given out as above accounted for is forty-three, varying in amount from §1, the least, to $9. the largest.
Thirty-one different families or individuals have thus been assisted by this fund, not necessarilly diminishing the expenses of the poor department to the amount expended, as many receiving this wel- come charity would suffer long before asking assistance at the pub- lic cost.
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