Records of the town of Tisbury, Mass. : beginning June 29, 1669, and ending May 16, 1864, Part 53

Author: Tisbury (Mass.); Swift, William S. (William Smith), 1860- 4n; Cleveland, Jennie W. (Jennie Warren), 1869- 4n; Banks, Charles Edward, 1854-1931. cn
Publication date: 1903
Publisher: Boston : Wright & Potter Print. Co.
Number of Pages: 868


USA > Massachusetts > Dukes County > Tisbury > Records of the town of Tisbury, Mass. : beginning June 29, 1669, and ending May 16, 1864 > Part 53


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Second, To bring in their votes by ballot and inclosed within sealed envelops for or against the constitutional Propositions adopted by the convetion of Delegates and submitted to the people for their ratification viz


Constitutional Propositions


Shall proposition No 1 containg the preamble decaration of rights, and form of govornment, stand as the Constitution of the commonwealth of Massachusetts


Shall proposition No 2 respecting the Habus Corpus, stand as part of the Constitution,


Shall proposition N 3 respecting the rights of Juries, stand as part of the Constitution,


Shall proposition No 4 respecting claims against the Commonwealth, stand as part of the Constitution,


Shall proposition No 5 respecting impeachment for debt, stand as part of the Constitution,


Shall proposition N 6 respecting Sectarian Schools, stand as part of the Constitution


Shall proposition No 7 respecting the Creation of Corporations, stand as part of the Constitution,


Shall proposition No 8 respecting the Formtion of Banks, and requir- ing Security for Bank Bills, stand as part of the Constitution,


And every voter will vote on each proposition by its appropriate number, indicating upon his ballot the subject of the proposition, and expressing in writing or printing opposite to each proposition the word Yes, or No, said propositions to be all on one ballot,


And you are directed to serve this warrant by posting up attested copies thereof, at the public meeting houses in Holms Hole & West Tisbury fourteen days before the time of holing said meeting


671


TISBURY TOWN RECORDS.


Hereof fail not and make due return of this warrant with your doings thereon to ourselves at the time and place of meeting aforesaid


Given under our hands this 25" day of October 1853 THOMAS BARROWS ) Selectmen EDMUND COTTLE S of Tisbury


Pursuant to the within Warrant I have notified the legal voters of the town of Tisbury, to meet at the time and place, and for the purposes within specified


Tisbury November 14" 1853


JAMES D PEAKES


Constable of Tisbury


A true copy Attest JOHN D ROTCH Town Clerk


At nine o'clock A. M. the meeting was called to order by the Select- men, the warrant read and Chas M. Luce and Dennis Luce appointed to distribute envelopes, and the ballot box opened for the reception of votes for Govorner Lieutenant Govorner Senator for Nantucket and Dukes Counties, and Representative to General Court, all on one ballot, and ten o'clock another box was opened for the reception of votes for the Yeas and Nays on the adoption of the Constitutional Propositions, At half past eleven o'clock A. M. Voted to Close the polls for the reception of votes for State Officers,


The whole number of ballots deposited was one hundred and twenty seven (127) and were for the following persons viz


For Govorner


Emory Washburn of Worcester had Sixty four votes (64)


Henry W Bishop of Lenox had Fifty 50


Henry Wilson of Natic had Thirteen 13


For Lieutenant Govorner


William C Plunkett of Adams had Sixty four votes 64


Levi A Dowley of Boston had Fifty 50


Amasa Walker of North Brookfield had Thirteen . 13


For Senator from Nantucket & Dukes Counties


Joseph Mitchell of Nantucket had Sixty four votes 64


Alfred Norton of Tisbury had Forty seven 47


John H Shaw of Nantucket had Thirteen 13


Walter Hillman of Tisbury had One 1


John P Norton of Tisbury had One 1


672


TISBURY TOWN RECORDS.


For Representative to General Court


David Tilton had Thirty five votes 35


David Tilton Jr had Thirty two votes 32


Thomas Robinson 2" had Forty three votes 43


Charles Cottle had Thirteen votes Charles B Allen had One


13


1


No choice, and preceed to a second balloting and after having voted to close the polls, the whole number of ballots for Representative were one hundred & twenty five


David Tilton Jr had sixty nine votes 69


Thomas Robinson 2" had Forty three votes 43


Charles Cottle had Thirteen votes 13


James Look had Two votes


2


And David Tilton Jr was declared elected


At two o clock voted to close the polls for receiving the votes on the Constitutional Propositions the number of ballots deposited were one hundred and nineteen (119) and were as follows viz.


Proposition No 1 Yes fifty six 56 No sixty three


No. 2 Yes fifty six 56 No sixty three 63


No. 3 Yes fifty six 56 No sixty three 63


No. 4 Yes fifty six. 56 No sixty three 63


No 5 Yes fifty six 56 No sixty three 63


No 6 Yes fifty six 56 No sixty three 63


No 7 Yes fifty six 56 No sixty three 63


No 8 Yes fifty six 56 No sixty three 63


Attest JOHN D. ROTCH Town Clerk


To the Hon. Senate & House of Representatives in General Court assembled


Your petitioner respectfully represents that he is the only owner of a lot of land butting and bounded by the head of Holmes Hole harbor, and respectfully asks your Honorable body, to grant him the privilege of building a Marine Railway and Wharf, into fifteen feet of water in lines paralel with said lot,


And as in duty bound will ever pray Tisbury January 2" 1854 CHARLES SMITH


673


TISBURY TOWN RECORDS.


Commonwealth of Massachusetts


In Senate Feb 2" 1854


On the petition aforesaid Ordered, That the petitioner cause an attested copy of this Petition with this Order theron, to be served on the Town Clerk of Tisbury, and published two successive weeks in the Edgartown Gazette, said notice to be two weeks, and last publication to be three days at least, before the 28" day of February inst, that all persons interested may then appear and show cause if any they have why the prayer of said Petition should not be granted


Sent down for concurrence CHARLES CALHOUN Clerk


In the House of Representatives Feb 3" 1854 concurred WILLIAM STOWE Clerk


A true copy Attest


CHARLES CALHOUN Clerk of the Senate


A true copy Atest


JOHN D ROTCH Town Clerk of Tisbury


Recorded Feb. 10" 1854


JOHN D ROTCH Town Clerk


To either of the Constables of the Town of Tisbury, in the County of Dukes County Greeting


In the name of the Commonwealth of Massachusetts - You are directed to notify the inhabitants of the town of Tisbury qualified to vote in elections and Town affairs to meet at the Capawock Hall in Holmes Hole on Monday the 20th day of March next at 10 o clock in the forenoon, then and there to act on the following articles.


1st To choose a moderator to preside in said meeting


2ª To choose all Necessary town officers for the year ensuing


3ª To hear the annual report of the Selectmen & act thereon


4th To bring in their votes for a County treasurer


54! To raise such sums of money as may be necessary to defray town charges for the ensuing year and make appropriations of the same


6th To see if the town will vote to continue the School Districts in Said Town as now divided, in conformity to an Act passed passed April 14ª 1853


1


674


TISBURY TOWN RECORDS.


7th To tetermine the nanner of repairing the highways, town ways, and bridges, the year ensuing


8 !!! To act on any and all other business that may legally come before said meeting


And you are directed to serve this warrant by posting up attested copies thereof at the Public Meeting Houses in Holmes Hole and West Tisbury in said Town, fourteen days at least before the time for holding said meeting


Hereof fail not and make due returns of this warrant with your doings thereon to the Town Clerk, at the time and place of meeting as aforesaid


Given under our hands this 25th day of February in the year of our Lord one thousand eight hundred and fifty four


THOS BARROWS Selectmen


BARTLETT MAYHEW of Tisbury


EDMUND COTTLE


Pursuent to the within warrant I have notified the legal voters of the Town of Tisbury, to meet at the time and place, for the purposes within named


JAMES D PEAKES Const' of Tisbury


Tisbury March 201 1854


A true Copy Attest W H ALLEN T. Clerk


Met at the time and place, and for the purposes specified in the fore- going warrent, the hour was announced, the meeting called to order the warrent read and the ballots called for by the Clerk for Moderator


Whole number of ballots for Moderator


15


Thos Barrows had 15


And was elected


Town Clerk whole number of ballots 60


Wm H Allen had 60


elected, qualified, & proceeded to duty


Voted to hear the report of Selectmen for the past year


Voted to accept the same


Voted to receive the votes for Selectmen on seperate ballots


675


TISBURY TOWN RECORDS.


Whole number of ballots for Selectman in Holmes Hole Dis- trict 95


Matthew P. Butler, sworn declared chosen


51


Ditto in North Shore District


100


Edmund Cottle had 62


declared chosen & sworn


Ditto in Western District


72


James Look had 48


declared chosen & sworn 1


Voted to receive votes for county Treasurer


Whole number 51


Barnard C Marchant


39


Henry Bradley


7


Scatering


5


Voted to receive votes for school Committee on seperate ballots


R. K. Jones Edmund Cottle & W. H. Luce were Chosen for the Year ensuing


Voted to adjourn until 1 oclock P. M.


- Meeting called to order at that hour sworn


James D. Peakes & Leander West were chosen Constables for the year ensuing


Thos Bradley Nathan Smith & B. F. Smith were chosen Fish Com- mittee


Matthew P. Butler & Washington Adams were chosen highway surveyors sworn


Field drivers John A. Swain sworn Benja Cleveland Frederick Man- ter, sworn Asa R. Luce & Eph™ S Allen sworn sworn


Pound Keepers Hilliard Norton & Zedick Athearn


Fence Viewers Franklin Luce, James Cottle James L. Luce & Elia- kim Norton all sworn


Board of Health Ralph K. Jones. Moses Brown, James Grey, Chas Smith & James D. Peakes


Surveyors of Lumber John F Robinson sworn Joseph R Luce sworn & Hovey Luce


Measurers of Wood & Bark


Richard Hursel sworn


Sealer of weights & measures Henry Bradley sworn


676


TISBURY TOWN RECORDS.


Town Treasurer - Henry Bradley sworn


Hog Reeves - Chas Smith R. K. Jones


Ellsworth A Luce & Asa R. Luce


Voted that each surveyor of highway have an order from the Select- men upon the Town Treasurer for the amount of highway tax assigned to his particular District, that he give notice severally to the inhabitants of his district, when and where they may work to the amount of their highway tax, if they do not work, the surveyor may employ others to do the work


Voted to continue the Districting as heretofore


Voted that the Fish Committee be required to report to the Select- men the Standing of their accounts


Voted to proceed to raising Money for Town purposes the year ensuing


Voted to raise one thousand dollars for the Support of towns poor the ensuing year


Voted to raise fourteen hundred dollars, for the Support of Schools the ensuing year


Voted to raise four hundred dollars for incidental purposes the year ensuing


Voted to raise four hundred dollars for the repair of Highways bridges &c the ensuing year


Voted to raise two hundred and fifty dollars in adition, to pay some of the notes against the Town


Voted That the collector of Taxes, be required to deduct 3 pr ct on all Taxes paid within three months after the issue of the same


Voted that the tax bills be sold at auction the purchaser paying in to the treasurer, the whole amount of bills assessed, collected or uncollected, collectible or uncollectible in four equal quarterly installments, and give to the Selectmen good and sufficient bonds


The Tax bills were sold to Charles Smith for 974 pr cent on the amount of the bills Chas. Smith chosen Collector of Taxes


Voted to adjourn till the 3ª of April next 1 oclock P. M. Attest W. H. ALLEN Town Clerk


Sworn - Asa R. Luce - Field Driver & Hog Reeve Attest WM H ALLEN


Tow Clerk


677


TISBURY TOWN RECORDS.


Benjamin Cleveland qualified for Field Driver


Attest W H ALLEN Town Clerk


Dukes County ss. March 25th 1854


Personally appeared before me, James Look of Tisbury, and took the oath prescribed by law to qualify him to serve the Town in the capasity of Selectmen for the ensuing year


WILLIAM S VINCENT Justice of the Peace


Copy Attest W H ALLEN Town Clerk


April 3 1854


Met as pr adjournment, Meeting called to order by Moderator Voted that a Committee be chosen to settle with the Agts of the Herring Fishery


Voted that the Selectmen compose said Committee


Voted that said Committee report at the next Town Meeting the Standing of Said accounts


Voted to adjourn without day


Attest W H ALLEN Town Clerk


To either of the Constables of the Town of Tisbury, in the County of Dukes County


In the name of the Commonwealth of Massachusetts you are required to notify the inhabitants of the Town of Tisbury duly qualified to vote for Representatives in the General Court of this Commonwealth, to assemble on Monday at two oclock P. M. at Capawock Hall in Holmes Hole, the third day of April next, to give in their votes to the Select- men, for on Representative to Represent them in the Congress of the United States of America for the remainder of the two years from the fourth day of March 1853


And you are directed to serve this warrant by posting up attested copies thereof at two of the public Meeting houses in said Town fourteen days at least before the time of holding said meeting


Hereof fail not and make due returns of this warrant to ourselves, with your doings thereon, at the time and place of meeting as aforesaid


Given under our hands this twentieth day of March one thousand eight hundred & fifty four


M. P. BUTLER Selectmen


EDMUND COTTLE of Tisbury


678


TISBURY TOWN RECORDS.


I have notified the legal voters of the Town of Tisbury to meet at the time and place and for the purposes within named


JAMES D. PEAKES Const of Tisbury


Tisbury Apr 3 1854


A true Copy Attest W. H. ALLEN Town Clerk


Met at the time and place and for the purposes named in the fore- going warrant


Meeting called to order and the warrent read by the Chairman of the Selectmen


Proceeded to ballot for Rep to Congress


whole number 97


Thos D. Eliot had Abm H. Howland " 41


56


Attest W H ALLEN Town Clerk


Pursuant to a notice from James D. Peakes Constable of the town of Tisbury and upon his producing a venire from the Clerk of the Supreme Judicial Court to select as the law requires one good and lawful man to serve as traverse Juror at the above mentioned court to be holden at Barnstable within and for the Counties of Barnstable and Dukes counties on the ninth Tuesday next after the first Tuesday of March last


The selectmen and Town Clerk met on the 24th day of april 1854 and drew from the Juror Box the name of Charles B. Allen to serve as trav- erse Juror at said court


Attest W. H. ALLEN Town Clerk


Tisbury May 6 1854


Then appeared Matthew P. Butler, Edmund Cottle & James Look and were qualified as ascessors for the ensuing year


W. H. ALLEN Clerk


The Selectmen of the town of Tisbury hereby appoint Zedoc Athearn of Tisbury to be Pound Keeper, within and for said Town during the present year or until another is chosen in his stead


MATTHEW P. BUTLER Selectmen


JAMES LOOK of Tisbury


Tisbury May 9 1845 A true Copy Attest W H ALLEN Clerk


1 679


TISBURY TOWN RECORDS.


Zedoc Athearn qualified for the office of Pound Keeper May 11 1854 W. H. ALLEN Town Clerk


Persuant to a legal notice from James D Peakes Constable of Tisbury and by his producing a venire from the Clerk of the Court of common pleas, the Selectmen and Town Clerk assembled at the Town Clerks office on the 13th day of May 1854 and drew from the Juror Box the names of six good and lawful men to serve as Grand Jurors, and five of like qualifications to serve as traverse Jurors at the Court of common pleas to be holden at Edgartown within and for the County of Dukes County on the last Monday of May inst


The following are the names of the persons drawn


Grand Juror Traverse Juror


Edmund Cottle


Thomas Barrows


Wendall Crocker


Davis Look


William C. Luce


Henry Bradley


Charles D. Allen


Harrif Mayhew


Timothy B. Lovell


David Nickerson


Thomas L. Norton


W H ALLEN


Town Clerk


Appointment


The Select men of the town of Tisbury hereby appoint Bartlett Allen Town Clerk pro tem during the temporary absence of William H. Allen Town Clerk of said Tisbury


MATTHEW P. BUTLER Selectmen


E. COTTLE of Tisbury


Tisbury May 15th 1854 A Copy Attest BARTLETT ALLEN Town Clerk pro tem


To James D Peakes Constable of the town of Tisbury in the County of Dukes County Greeting


In the name of the commonwealth of Massachusetts you are directed to notify the Inhabitants of said Tisbury qualified to vote in elections & town affairs to meet at Capawoc Hall in Holmes Hole on Saturday the eighth day of July, next at 2 O clock in the afternoon


Then and there to act on the articles following


1st To choose a Moderator to preside in Said meeting


680


TISBURY TOWN RECORDS.


2ª To see if the Town will accept a town road as laid out by the select men from the County road near the dwelling house of William Merry 2ª in Holmes Hole & runing Westerly to the house & land of James L Barrows agreeable to the petition of Thos Bradley and others


3ª To se if the Town will accept a town Road as laid out by the Selectmen from the County road near the Baptist meeting house in Holmes Hole and running as described in the petition of Thos Bradley & others.


And you are directed to serve this warrant by posting up attested copies thereof at two of the public Meeting Houses in said Tisbury four- teen days at least before the time of holding said meeting


Hereof fail not and make due returns of this warrant with your doings thereon to the town Clerk at the time & place of holding the meeting aforesaid.


Given under our hands this 17th day of June in the year of our Lord Eighteen hundred & fifty four


MATTHEW P. BUTLER Selectmen


JAMES LOOK of Tisbury


A Copy


B. ALLEN Clerk protem


Pursuant to the above warrant I have notified the legal voters of the town of Tisbury to meet at the time & place, and for the purposes within named


Tisbury July 8th 1854 JAMES D. PEAKES Constable of Tisbury


At a legal meeting of the Inhabitants of the town of Tisbury holden on the eighth day of July A. D 1854


1st Voted and chose Charles Smith Moderator


2ª voted to accept a town road laid out by the selectmen leading from the county road in Holmes Hole near the dwelling house of William 2ª runing westerly to the dwelling house of James L. Barrows


3ª voted to accept a town road as laid out by the Selectmen runing from near the Baptist meeting house runing Westerly, thence Northerly, thence Easterley to the County Road near the post office a more partic- ular discription of the above found on the next page


BARTLETT ALLEN


Town Clerk protem


681


TISBURY TOWN RECORDS.


We the subscribers Selectmen of the Town of Tisbury on the peti- tion of Thomas Bradley & others have laid out for the use of the said town a town way as follow -


Beginning at a bound by the County road in Holmes Hole near the South East corner of R. K. Jones, lot & runing North 82 degs. West 22 Rods & 21 links to a bound set near the south West corner of Thomas Barrows, House lot thence North 82 West 24 Rods & ten links to a bound set at the South West corner of Presbury Nortons, House lot; said road to be 30 feet wide from the last mentioned bound to the Bound by the corner of Thomas Barrows, House lot the remainder to be 22 feet in width and to lie on the Southerly side of said course.


And we have assessed damages as follows for the owners of the land over which said Road passes (to wit)


To Dr R. K. Jones the sum of


$45.00


' William Merry 2ª " " "


21.00


" Edward Harding


7.00


" Ephram Harding


10.00


" Thomas Barrows


7.00


total $90.00


An we allow one month to the several Owners of the land to remove the fences standing thereon, Which Said road is hereby reported to the Town for their acceptance; And when accepted & recorded is forever after to be known as a public Town Way,


M. P. BUTLER Selectmen


E. COTTLE of Tisbury


Dated at Tisbury this 27th day of June A. D. 1854 A true Copy


BARTLETT ALLEN Town Clerk Pro tem


We the subscribers Selectmen of the Town of Tisbury have laid out for the use of the said Town, a Town way as follows (to wit.


Beginning at the second post standing in the fence by the County road in front of and near the South East corner of the Baptist Meeting House in Holmes Hole, and runing North 84 degs West 3 rods to a bound, Thence North 86 degs West 6 rods to a bound, Thence North 88 degs West 9 rods & ten links to a bound set by the side of the road near the South West corner of Peleg Barrows, House Lot. Thence South 88


C


682


TISBURY TOWN RECORDS.


degs. West 17 Rods & one link to a bound near the Congregational Meeting House; Thence North 88 deg& West 10 Rods & four links to a bound by a fence in front of Timothy Luces, dwelling House, Thence North 10 degs East 33 Rods & 12 links to a bound on the land of Joseph Adams Thence South 82 degs East 24 & 21 links, to abound by the road near the South East corner of William Doggett & House lot; Thence South 82 degs East 23 Rods & 22 links to a bound set by the County road near the South East of R. W. Crockers, House lot.


Said Road to be 27 feet in width from the last mentioned bounds, to the bound set on Joseph Adams, land aforesaid & to lie on the Southerly side of said course said road from the bound set Joseph S. Adams land to the bound in front of Timothy Luces, house to be 38 feet in width & to be on the Easterly side of said course; said road from the last mentioned bound set in front of Tim' Luces, to the bounds near the south west corner of the Congregational Meeting house Lot to be 30 feet in width; the remainder to be 27 feet in width & to lie on the southerly side of said courses


And we have assessed for damages as follows for the owners of the Land over which said road passes


C


To Baptist Society


$11.00


" Benjamin Merry


4.50


" Nathan Smith


19.65


," Peleg Barrows


6.50


" Alonzo Daggett


4.20


" William Daggett 3ª ·


20.30


" Methodist Society


20.34


" William Daggett


33.00


" R. W. Crocker


34 00


Total 153,49


And we allowed one month to the several owners of the land to take off fences Trees & other property standing thereon,


Which said road is hereby reported to the town for their acceptance, and when accepted and recorded is forever after to be known as a Public Town Way


M. P. BUTLER Selectmen


E COTTLE of Tisbury


Dated at Tisbury this 24th day of June 1854


A true Copy


Attest BARTLETT ALLEN


Town Clerk Pro tem


683


TISBURY TOWN RECORDS.


Pursuant to notice from Jas D. Peaks constable of the town of Tisbury, The selectmen and town Clerk assembled at the Town Clerks Office on the 9th day of Sept. 1854 and drew from the Juror Box five good and sufficent names to serve as Traverse Jurrors at the Court of Common Pleas to be holden at Edgartown on the last Monday of Sep- tember 1854


The following are the names of the persons drawn


Shubael Week


James Look


Baze Norton


Traverse juror


John F Robbinson


Alfred Norton


BARTLETT ALLEN Town Clerk Protem


To James D Peakes Constable of the Town of Tisbury


Greeting


In the name of the Common Wealth of Massachusetts you are required to notify the Inhabitants of the Town of Tisbury qualified to vote in Town affairs, to meet at Capawoc Hall in Holmes Hole in said town of Tisbury on Saturday the seventh day of October next at one OClock P M to act on the buseness as described in the following Petetetion.


Sept 11. 1854


To the Gentlemen Selectmen of the Town of Tisbury


The undersigned Freeholders of said town Respectfully request you to call a town meeting for the following purposes to wit


1st to choose a Moderator.


2d to see if the Town will purchase the farm formerly owned by Shubael Dunham, now in the hands of Hiram Dexter, and let said Dun- ham occupy said farm for a time allowing said Dunham the privilege of redeeming the same by paying the cost of said farm with Interest in a given time, If so to see what method the Town will take to raise the sum necessary for the above named purposes. Signed


RICHARD G. LUCE J. L. CLEVELAND JOHN J. LUCE THOS. BRADLEY, GILBERT BRUSH MOSES BROWN, JONA LUCE, THOS BARROWS, H. P. WORTH, TIMO LUCE, O. P. BRANSCOMB, THO ROBINSON


And youare required to serve this warrant by posting up attested Copies thereof at three of the public Meeting houses in said Tisbury fourteen days at least before the time of holding said Meeting


684


TISBURY TOWN RECORDS.


Hereof fail not and make due of this warrant to the Tow Clerk at the time and place of the meeting aforesaid. togather with your doings thereon


Dated at Tisbury


Sept. 21. 1854


Given under our hands at Tisbury this twenty first day of Sept. 1854 M. P. BUTLER Selectmen EDMOND COTTLE of Tisbury


Attest


A True Copy


Attest BARTLETT ALLEN


Town Clerk pro tem


At a Legal Meeting of the Inhabitants of the town of Tisbury holden in Said Town on Saturday the seventh day of October A.D. 1854


1st Chose Cha& Smith Moderator.


2. voted That when the vote is taken on the second article in the warrant it be taken by dividing the house


3ª voted that the select men be impowered and directed to purchace the farm formerly owned by Shubael Dunham now in the hands of Hiram Dexter said Dunham to have the use of said farm without paying rent or Interest for the term of seven years;


said Dunham to have the privilege of redeeming said Farm within the above named term of seven years by paying the sum the farm now cost without Interest, and the Selectmen are Authorized to draw the Sum for this above purpose from the money given to the Town by Ichabod Norton Esqr Decased said money being in Bank.




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