USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1891 > Part 4
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$1,755 69'
N. H. HUNT, Treasurer.
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TRUSTEES' REPORT.
The past year continues to indicate an increasing appreciation of" the privileges of the library on the part of the town.
At the present date, the repairs on the library building referred to in the last report have been completed, at a small increase on the appropriation made therefor by the town, and the building both outside and inside is now in excellent condition.
All books needing it have been repaired or rebound, and those missing or so worn as to be useless, have been replaced by new ones.
Since the catalogue was printed, considerable additions of" books have been made, and these additions have all been listed in. a supplementary catalogue, rendering them more available for applicants.
The catalogue and supplement contain the names of all the. books now belonging to the library, and hereafter as further additions are made, lists of these will be published from time to. time in the Braintree. Observer.
Orders for a number of new books have lately been given to Messrs. Estes & Lauriat, which will soon be furnished and ready" for distribution.
ASA FRENCH, HENRY A. JOHNSON, F. A. HOBART, N. H. HUNT, E. WATSON ARNOLD,
Trustees.
BRAINTREE, Feb. 13, 1892.
ENGINEER'S REPORT.
To the Honorable Board of Selectmen :
GENTLEMEN :- In accordance with the rules and regulations governing fire departments, I have the honor to submit to you my report of the doings and condition of the department for the year ending January 31, 1891 :
ENGINEERS ORGANIZED.
Chief Engineer. M. A. Perkins.
J. R. Qualey, Clerk ; F. O. Whitmarsh.
COMPANIES ORGANIZED.
Thomas South Hose Company, No. 1, T. J. Missett, foreman, 15 men.
M. A. Perkins Hose Company, No. 2, L. W. Thayer, foreman, 15 men.
N. F. T. Hayden Hose Company, No. 3, J. H. McAndrew, fore- · man, 10 men.
Wampatuck Hook and Ladder Company, No. 1, J. F. Gallivan, foreman, 15 men.
HOUSES.
The engine houses are in good repair, except they badly need painting. The last time they were painted was in 1885. We would recommend that an addition of ten feet be made to the Lad- der House, and also a hose tower, fifty feet high; the hose com- pany being badly in need of accommodation to dry and take care of their hose. We would recommend that the sum of seven hun- dred dollars be appropriated for the same.
HOSE.
There has been purchased the last year, 1,000 feet of cotton, rubber lined hose, 800 feet of which was placed in the East Vil- lage, and 200 feet in the South Village.
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INVENTORY OF PROPERTY.
THOMAS SOUTH HOSE, NO. 1.
One hand-engine and jumper, 28 feet of suction hose, 1,350 feet cotton, rubber lined hose, 300 feet rubber, 50 feet cotton, 1-2 inch. hose, 2 lanterns, 6 belts, 12 spanners, 4 axes, 1 fire hook, 1 hydrant gate, 11 coats, 2 hydrant wrenches, 7 pipes and nozzles, 3 ladders, 1 hose carriage, 15 badges.
M. A. PERKINS HOSE, No. 2.
One hand-engine.and jumper, 1 pole for horses, 1 hose wagon, 1 pinch bar, 1 plaster hook, 2 axes, 5 lanterns, 3 hats, .11 coats, 4 fire buckets, 6 pipes, 5 nozzles, 2 Grant nozzles, 2 horse blank- ets, 1 hydrant gate and wrench, 8 hose hooks, 1 hatchet, 1 Y coup- ling, 8 spanner belts, 13 spanners, 50 feet ¿ inch cotton hose, 1,350 feet cotton, rubber lined hose, 450 feet rubber hose, 36 feet suction hose, 1 shovel, 1 wagon jack, 2 pails, 1 broom, one 5 gallon oil can, 6 ladders, 15 badges.
N. F. T. HAYDEN HOSE, No. 3.
One hose carriage, 1,000 feet cotton, rubber lined hose, 3 pipes, 3 nozzles, 10 spanners, 5 belts, 2 hydrant wrenches, 1 hydrant. gate, 1 axe, 1 bar, 10 badges, 3 lanterns, 7 coats.
WAMPATUCK HOOK. AND LADDER Co., No. 1.
One truck, 1 pole for horses, 8 ladders, 1 tongue, 17 buckets, 5 hooks, 2 axes, 2 hatchets, 3 forks, 3 lanterns, 7 coats, 2 ladder dogs, 15 badges.
LIST OF FIRES.
Feb. 5. Barn owned by Joshua Wilkins; loss $300; insured $200; cause accident.
May 23. 50 cords of sleepers owned by Old Colony Railroad ; loss $100 ; no insurance.
July 17 Building belonging to Arza B. Keith ; loss $150; no insurance ; cause accidental.
Aug. 3. Barn owned by Amos Wixon; loss $100; no insur- ance ; cause accidental.
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Sept. 16. House owned by C. G. Flynn; loss $25 ; insured $1,000; cause accidental.
Sept. 21. Barn owned by Joseph Dyer; loss $500; insured $200; cause unknown.
Dec. 20. House owned by Mrs. W. S. A. Wood; loss on building $1,500; no insurance; loss on furniture $800; insured $300; cause unknown.
Jan. 13, 1892. Shop owned by Arza B. Keith; loss $25 ; no insurance ; cause accidental.
During the past year the department has been called by the Engineers once to each part of the town for practice, and with very good results. The department is handicapped in the south and east parts of the town for the want of ladder-trucks and ladders. It is impossible to work to advantage at a fire, unless there are ladders, and they should be the first at the fire and placed in position for use. For instance, what could we do at the South if the trunk factory should be on fire in the fourth story ? Before the truck from Braintree could get there, the chances would be, the fire would have gained such headway that the building would be lost and perhaps many valuable lives. We hope that the citizens will think of this matter, and when the call is made the response will be liberal. We would recommend the same appropriation as last year, $1,500, and the men paid not less than last year.
For the Board,
M. A. PERKINS, Chief.
REPORT
OF THE
WATER COMMISSIONERS
OF THE
TOWN OF BRAINTREE.
1891-1892.
BOSTON : ALFRED MUDGE & SON, PRINTERS. 24 FRANKLIN STREET. 1892.
TOWN OF BRAINTREE, WATER DEPARTMENT.
ORGANIZATION.
Board of Commissioners.
JAMES T. STEVENS, Term expires 1894.
T. HAVEN DEARING,
Term expires 1895.
JOHN V. SCOLLARD,
Term expires 1893.
Superintendent. MELVIN C. FRENCH, P. O. Address, South Braintree.
Engineer at Pumping Station. JOHN W. MULCAHY. Collector of Water Rates. JOHN V. SCOLLARD, P. O. Address, East Braintree.
REPORT OF THE BOARD OF WATER COM- MISSIONERS.
Impressed with the desirability of collecting in convenient form the facts in relation to the efforts of the town to obtain a water supply, the Commissioners preface their fifth annual report with the following sketch of the action of the Water Company, the Courts, and the town upon the matter.
The agitation of the need of a water supply in the towns of Randolph and Holbrook, in the year 1884, resulted in a petition to the General Court of 1885 from citizens of these towns for the right to take the water of Great Pond, situated in the towns of Randolph, Holbrook, and Braintree.
The Legislature, after several hearings, at which the town of Braintree was represented by counsel, passed the following : -
ACT OF 1885.
CHAP. 217. AN ACT TO SUPPLY THE TOWNS OF BRAINTREE, RANDOLPH AND HOLBROOK WITH WATER.
Be it enacted, etc., as follows : -
SECTION 1. The towns of Braintree, Randolph and Holbrook may severally supply themselves, and their respective inhabitants, with water for the extinguishment of fires and for domestic and other purposes. Each of said towns, within its respective limits, may establish fountains and hydrants, re-locate or discontinue the same, may regulate the use of such water and fix and collect rates to be paid for the use of the same.
SECT. 2. The said towns for the purposes aforesaid, in the manner herein provided, may each take, and any two or all of them may unite and jointly take, by purchase or otherwise, and hold and convey to and into the said towns, or either of them, from some one convenient point, and in case of a joint taking
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through a common conduit, the waters of Great Pond in the towns of Braintree and Randolph and the waters which flow into and from the same, or any part thereof ; and may also take, by pur- chase or otherwise, and hold any water rights connected therewith, and also all lands, rights of way and easements necessary for holding and preserving such water, and for conveying the same to " any part of said towns, or of either of them, and may erect on the land thus taken or held proper dams, buildings, fixtures and other structures, and may make excavations, procure and operate ma- chinery, and provide such other means and appliances as may be necessary for the establishment and maintenance of complete and effective water works, and may construct and lay down conduits, pipes and other works, under or over any lands, water courses, railroads, or public or private ways, and along any such way, in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, maintaining and repairing such con- duits, pipes and other works, and for all proper purposes of this Act, said towns, or such of them as unite, or either of them, may dig up any such lands, and may enter upon and dig up any ways in either of said towns, in such manner as to cause the least hin- drance to public travel on such ways.
SECT. 3. The said towns, or such of them as take the same, shall, within sixty days after the taking of any lands, rights of way, water rights, water sources or easements as aforesaid, otherwise than by purchase, file and cause to be recorded in the Registry of Deeds, for the county within which such lands or other property is situated, a description thereof sufficiently accurate for identifi- cation, with a statement of the purpose for which the same were taken, signed by the Water Commissioners, hereinafter provided for, of the town taking the same separately ; and, in case of a joint tak- ing, by the chairman of each Board of Water Commissioners of the towns participating in such joint taking.
SECT. 4. The said towns, or such of them as act jointly, shall jointly pay all damages sustained by any person or corporation in property by the joint taking of any land, right of way, water, water source, water right or easement,for by any other thing done by said towns, or such of them as act jointly, under the authority of this Act. And each of said towns shall, respectively, pay all dam-
-
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ages sustained by any person or corporation in property by the separate taking of any land, right of way, water, water source, water right or easement, or by any other thing done by such town, acting separately, under the authority of this Act. Any person or corporation sustaining damages as aforesaid under this Act, who fails to agree with said towns, or such of them as unite, when act- ing jointly, or with either of them, when acting separately, as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways, on application at any time within the period of three years from the taking of such land or other property, or the doing of other injury, under the authority of this Act ; but no such application shall be made after the expiration of said three years. No application for assessment of damages shall be made for the taking of any water, water right, or for any injury thereto, until the water is actually withdrawn or diverted by said towns, or such of them as unite, acting jointly, or by either of them acting separately, under the authority of this Act.
SECT. 5. Each of said towns may, for the purpose of paying necessary expenses and liabilities incurred under the provisions of this Act, issue from time to time bonds, notes, or scrip as follows : The town of Braintree to an amount not exceeding, in the aggre- gate, one hundred thousand dollars; the town of Randolph to an amount not exceeding, in the aggregate, one hundred thousand dollars ; the town of Holbrook, to an amount not exceeding, in the aggregate, one hundred thousand dollars. Such bonds, notes, or scrip issued by the town of Braintree shall bear on their face the words "Braintree Water Loan"; those issued by the town of Randolph shall bear on their face the words "Randolph Water Loan"; those issued by the town of Holbrook shall bear on their face the words "Holbrook Water Loan." Such bonds, notes, or scrip shall be payable at the expiration of periods not exceeding thirty years from the date of issue ; shall bear interest, payable semi-annually, at a rate not exceeding six per centum per annum, and shall be signed by the Treasurer, and be countersigned by the Water Commissioners, hereinafter pro- vided for, of the town issuing the same. Each of said towns may sell its respective securities at public or private sale, or pledge the
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same for money borrowed for the purposes of this Act, upon such terms and conditions as it may deem proper. Each of said towns shall provide, at the time of contracting its respective loan, for the establishment of a sinking fund, and shall annually contribute to such fund a sum sufficient, with the accumulations thereof, to pay the principal of its said loan at maturity. The said sinking fund shall remain inviolate and pledged to the payment of said loan, and shall be used for no other purpose.
SECT. 6. Each of said towns, instead of establishing a sinking fund, may, at the time of authorizing its said respective loan, provide for the payment thereof in such annual proportionate pay- ments as will extinguish the same within the time prescribed in this Act; and when such vote has been passed, the amount required thereby shall, without further vote, be assessed by the assessors of each town respectively so providing and voting, in each year thereafter, until the debt incurred by each town respec- tively by its said loan shall be extinguished, in the same manner as other taxes are assessed under the provisions of Section 34 of Chapter 11 of the Public Statutes.
SECT. 7. The return required by Section 91 of Chapter 11 of the Public Statutes shall state the amount of any sinking fund established under this Act, and if none is establisbed whether action has been taken in accordance with the provisions of the preceding section, and the amounts raised and applied thereunder for the current year.
SECT. 8. Each of said towns shall raise annually, by taxation, a sum which, with the income derived from its water rates, will be sufficient to pay the current annual expenses of operating its water works, and the interest as it accrues on the bonds, notes and scrip issued as aforesaid by each town respectively, and to make such contributions to its sinking fund and payments on the principal as may be required under the provisions of this Act.
SECT. 9. Either of the towns which shall take, or any two of them which unite and jointly take, water from the source and as provided in Section 2, in case the remaining town or towns decline by not accepting this Act within the time hereinafter limited, to participate in such taking, are authorized to contract for and furnish from such water supply to the town or towns so
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declining to participate, a supply of water for the use of such remaining town or towns and the inhabitants thereof, for the extinguishment of fires, and for domestic and other purposes, on such terms as may be agreed upon between said towns, and to make the necessary connections of the conduits or pipes of the town or towns so taking with the conduits or pipes of such remaining town or towns, provided, that nothing herein contained shall be construed to compel the town or towns so taking to make such connections or to furnish a supply of water to such remaining town or towns.
SECT. 10. Whoever wilfully or wantonly corrupts, pollutes, or diverts any of the waters taken or held under this Act, or injures any structure, work or other property owned, held or used by said towns, or any two of them jointly, or either of them separately, under the authority and for the purposes of this Act, shall forfeit and pay to said towns so jointly, or to either of them so separately, owning, holding or using the same, three times the amount of damages assessed therefor, to be recovered in an action of tort ; and upon conviction of either of the above wilful or wanton acts, shall be punished by a fine not exceeding three hundred dollars, or by imprisonment not exceeding one year.
SECT. 11. Each of said towns shall, after its acceptance of this Act, at a legal town meeting called for the purpose in each town, elect by ballot three persons to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year from the next succeeding annual town meeting, to constitute a Board of Water Commissioners ; and at each annual town meeting thereafter one such commissioner shall be elected by each town by ballot for the term of three years. All the authority granted to each of the said towns by this Act, when acting separately, and not otherwise specifically provided for, shall be vested in the Board of Water Commissioners of each town respectively, who shall be subject, however, to such instruc- tions, rules and regulations as each town respectively may impose by its vote ; the said commissioners of each town shall be trustees of the sinking fund herein provided for, of their respective towns, and a majority of said commissioners shall constitute a quorum for the transaction of business relative both to the water works
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and to the sinking fund of their respective towns. Any vacancy occurring in any of said boards from any cause, may be filled for the remainder of the unexpired term by the town to which such board belongs at any legal town meeting of such town, called for the purpose.
SECT. 12. All authority conjointly granted to said towns, or to such of them as unite and jointly act as provided in Section 2, and not otherwise specially provided for, shall, for the purpose of tak- ing waters, lands, rights of way and easements, for and during the construction of the joint water works and their appurtenances, be vested in the several boards of Water Commissioners of the towns which so unite and jointly act ; and such boards acting jointly shall contract for and have the supervision, management and control of the constructions of such joint water works and appurtenances, and all matters appertaining thereto ; and when such joint water works are completed, all authority conjointly granted to said towns, or to such of them as unite and jointly act, shall be vested in a joint Water Board, to be composed of the chairman of each Board of Water Commissioners, for the time being, of the towns which so unite and jointly act ; and such joint Water Board shall have the supervision, management and control of the waters jointly taken and held by such towns under this Act, and the letting down of the same, and of all the water works, property and appurtenances jointly owned, held or used by such towns.
SECT. 13. The damages arising from the joint taking of said towns, or by such of them as unite and jointly act, of any waters, lands, rights of way or easements or from any other thing done by such towns acting jointly, and the cost, charges and expenses of the construction and maintenance and running of the joint water works and appurtenances, shall be borne and paid equally by the towns which unite and jointly act; and such towns shall jointly own, hold and use the same ; and each of such towns shall be en- titled to an equal share of said waters, provided, in case all of said towns accept this Act, and at any time thereafter it becomes nec- essary, or it is deemed desirable, to increase the storage capacity and water supply of said Great Pond, by erecting new dams or other new structures, the expense of the construction and mainte- nance thereof and all damages resulting therefrom, shall be borne
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C
and paid by the said towns in proportion to the benefits received by each town from such increase of storage capacity and water supply, reference being had to the existing condition of said towns at the time of the erection of said new dams or other structures. In case the said towns which unite and jointly act, or their officers or agents, appointed as provided in this Act, cannot agree in any matter arising under or in carrying out the purposes of this Act, then the matter in controversy shall be determined by three com- missioners, to be appointed by the Supreme Judicial Court, upon application of either of such towns, through its said officers or agents, and notice to the others, whose award when accepted by said Court, shall be binding upon all parties.
SECT. 14. This Act shall take effect, so far as the town accept- ing the same is concerned, upon its acceptance by a two-thirds vote of the voters of either of said towns mentioned in Section 1, present and voting thereon at a legal town meeting called for that purpose in each of said towns, within one year from its passage ; but the number of meetings called for that purpose, in each town, shall not exceed three : provided, that neither of said towns ac- cepting this Act, shall proceed to take, by purchase or otherwise, either separately or jointly, any waters from the source mentioned in Section 2, until the expiration of one year from the passage of this Act, unless the same has been accepted by all of the towns mentioned in Section 1, within said year ; and provided, that if all of said towns, or any two of them, accept this Act within the time and in the manner herein prescribed, neither of such towns shall separately take any waters from said source, but the towns so ac- cepting this Act shall jointly take such waters, and jointly and sep- arately act as herein provided.
Approved May 8, 1885. '
The town of Braintree, on Dec. 30, 1885, accepted the provisions of the above legislation.
The town taking no further action, looking to the carrying out of the intentions of the Act, the Legislature of 1886 was petitioned for the passage of an Act incorporating a private corporation, to be known as the Braintree Water Supply Company, for the purpose of supplying the town of Braintree with water. The town of Brain- tree neither remonstrated against nor favored the proposed legis- lation, occupying a neutral position in the matter.
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The petition was granted, and the following was passed : -
ACT OF 1886.
CHAP. 269. - AN ACT TO INCORPORATE THE BRAINTREE WATER SUPPLY COMPANY.
Be it enacted, etc., as follows :
SECTION 1. . Francis A. Hobart, William Wheeler, Joseph E. Manning, E. Watson Arnold, Benjamin F. Dyer, Charles F. Parks, and their associates and successors, are hereby made a corporation by the name of the Braintree Water Supply Company, for the pur- pose of furnishing the inhabitants of the town of Braintree with water for the extinguishment of fires, and for domestic and other purposes ; with all the powers and privileges and subject to all the duties, restrictions and liabilities set forth in all general laws which now are or may hereafter be in force applicable to such corpora- tions.
SECT. 2. The said corporation, for the purposes aforesaid, sub- ject to the condition herein prescribed, may take, by purchase or otherwise, and hold the waters, or so much thereof as may be nec- essary, of Great Pond in the towns of Braintree and Randolph, and the waters of any spring or artesian or driven wells within the town of Braintree, and the water rights connected therewith, ex- cept the property known as the Monatiquot Spring, so called, in South Braintree, and also all lands, rights of way and easements, necessary for holding and preserving such water, and for convey- ing the same to any part of said town of Braintree, and may erect on the land thus taken and held proper dams, buildings, fixtures and other structures ; and may make excavations, procure and op- erate machinery and provide such other means and appliances as may be necessary for the establishment and maintenance of com- plete and effective water works ; and may construct and lay down conduits, pipes and other works, under or over any lands, water courses, railroads, or public or private ways, and along any such ways, in such manner as not unnecessarily to obstruct the same ; and for the purpose of constructing, maintaining and repairing such conduits, pipes and other works and for all proper purposes of this Act, said corporation may dig up any such lands and, under the direction of the Board of Selectmen of the town in which any
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such ways are situated, may enter upon and dig up any such ways, in such manner as to cause the least hindrance to public travel on such ways.
SECT. 3 .- The said corporation shall, within sixty days after the taking of any lands, rights of way, water rights, water sources or easements as aforesaid, otherwise than by purchase, file and cause to be recorded in the registry of deeds for the county within which such lands or other property is situated, a description there- of, sufficiently accurate for identification, with & statement of the purpose for which the same were taken, signed by the president of the corporation.
SECT. 4. The said corporation shall pay all damages sustained by any person or corporation in property by the taking of any lands, right of way, water, water source, water right or easement, or by any other thing done by said corporation under the authority of this Act. Any person or corporation sustaining damages as aforesaid under this Act, who fails to agree with said corporation as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways, on application at any time within the period of three years from the taking of such land or other property, or the doing of other injury, under the authority of this Act, but no such application shall be made after the expira- tion of said three years. No application for assessment of dam- ages shall be made for the taking of any water, water rights, or any injury thereto, until the water is actually withdrawn or di- verted by said corporation under the authority of this Act.
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