Town annual report of Braintree, Massachusetts for the year 1900, Part 7

Author:
Publication date: 1900
Publisher: The town
Number of Pages: 262


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ARTICLE IV. Collection of Water Rates.


Section 1. The semi-annual rates for the use of water shall be payable in advance on the first day of January and the first day of July in each year; and all charges for specific sup- plies or for fractional parts of such semi-annual rates shall be payable before the water is let on.


Sec. 2. In every case of the non-payment of a water rate for sixty days after it is payable, a summons shall be served at the premises for which such rate is due and unless such rate is paid within fifteen days thereafter, together with twenty-five cents for said summons, the supply of water shall be cut off from said premises, and it shall not be let on again until the amount due, together with twenty-five cents for the summons and two dollars for the shutting off and letting on, is paid; but in case of a change in ownership of such premises, the water may be turned on without the payment of the amount due from the former owner.


ARTICLE V.


Collection of Rates for Electricity.


Section 1. The quarterly rates for the use of electricity shall be due on the last day of March, June, September and December of each year.


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Sec. 2. In every case of the non-payment of an electric power or light rate for thirty days after the same is due, a summons shall be served at the premises for which such rate is due; and unless such rate is paid within fifteen days there- after, together with twenty-five cents for said summons, the electric current shall be cut off from said premises, and it shall not be turned on again until the amount due, together with twenty-five cents for the summons and two dollars for the cutting off and turning on, is paid; but in case of a change in the ownership of such premises the electric current may be turned on without the payment of the amount due from the former owner.


ARTICLE VI. Dogs.


Section 1. No person shall own or keep in the Town any dog, which by barking, biting, howling, or in any other man- . ner, disturbs the quiet of any person. Whoever violates the foregoing provision shall be liable to a penalty not exceeding ten dollars.


ARTICLE VII.


The Sale of Junk, Old Metals and Second-Hand Articles.


Section 1. No person shall be a dealer in or the keeper of a shop for the purchase, sale, or barter of junk, old metals or second-hand articles, unless he receives a license therefor from the Board of Selectmen.


The Board of Selectmen shall receive five dollars for each license so granted; this license shall be forfeited if the dealer allows the articles above enumerated to lie around, in store or field adjacent or near to a public street, so as to be an exposure or nuisance to the public.


Sec. 2. Every keeper of a shop for the purchase, sale or barter of old junk, old metals or second-hand articles, shall keep a book, in which shall be written, at the time of every purchase of any such article, a description thereof and the name, age and residence of the person from whom, and the day and hour when, such purchase was made; and such book


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shall at all times be open to the inspection of the Selectmen or of any person by them authorized to make such inspection.


Sec. 3. Every keeper of such shop shall put in some suit- able and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters; every such shop, and all articles of merchandise therein, may at all times be examined by the Selectmen or by any person by them authorized to make such examination.


Sec. 4. No keeper of such shop shall, directly or indi- rectly, either purchase or receive, by way of barter or cx- change, any junk, old metals, or second-hand articles, from a minor knowing or having reason to believe him to be such. - Sec. 5. No article purchased or received by any keeper of such shop shall be sold until a period of at least one week from the date of its purchase or receipt has elapsed.


Sec. 6. The foregoing provisions shall be incorporated in every license granted as mentioned in Sec. 1.


ARTICLE VIII. Police Regulations.


Secuon 1. No person who is not in the employ of the town shall break, dig up, or excavate, or assist in breaking, or digging up, or excavating, any part of a public street, highway or townway; or remove any gravel, or other similar thing, from a public street, highway or townway, unless he has ob- tained from the Board of Selectmen a written license therefor.


Sec. 2. Whoever, by virtue of such a license, breaks, digs up. or excavates, or causes to be dug or broken up, or exca- vated, any part of a public street, highway or townway. shall cause a rail or other sufficient fence to be placed so as to enclose the part of the street so dug, or broken up, or exca- vated, and the dirt, gravel or other material thrown therefrom, and he or they shall cause a lighted lantern to be fixed to some part of such fence, and so kept from the beginning of twilight through the whole of every night during all the time such street, highway or townway remains dug or broken up or such excavation exists.


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Sec. 3. No building shall be moved over a public street or way without written permission from the Selectmen; and the Selectmen, before granting permission to move a building. shall ascertain if the proposed removal can be made without injury or destruction to trees, shrubs or other fixtures of orna- ment or utility belonging to the public or to individuals ; and they may require the applicant to furnish satisfactory security to indemnify the town or any individuals whose right may be affected for any damage caused by said removal.


Sec. 4. No person having the care or use of a horse, or other beast of burden, carriage or draught, shall ride, drive or permit such horse, or other beast, to go at a greater rate of speed than ten miles an hour, in any public street, highway or townway.


Sec. 5. No person shall ride a bicycle or other wheeled vehicle on any sidewalk within the town, or ride any bicycle or wheeled vehicle at a greater rate of speed than ten miles an hour, in any public street, highway or townway.


Sec. 6. No person other than the owner thereof, or his agent, shall trim, cut, prune, or in any manner injure, any shade, fruit or ornamental tree planted in any street or public place in the town, without the written consent or order of one or more of the Selectmen; nor shall any person hitch or fasten any horse or other animal to such trees, or to the boxing which may surround them.


Sec. 7. No person shall be allowed to pasture, or suffer to run at large any horse, cattle or other grazing animal upon any of the streets or public places in the town.


Sec. 8. No person shall coast with a sled or runners, kick football, or play at any game in which a ball is used, or throw any stones, or shoot with or use a bow and arrow, in any of the public streets of the town.


Sec. 9. No person not in the employ of the town shall set fire to any bushes, leaves, grass or other combustible sub- stance in any of the streets of the town; nor nearer than 100 feet to any fence or building not owned or occupied by him- self, without the consent of the owner; nor shall any town offi-


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cer or town employe set a fire within 100 feet of any occupied house without the consent of the occupant. 1


Sec. 10. No person shall swim or bathe in any of the waters within or surrounding the town, so as to be exposed to view in a nude state from any dwelling-house, or to passengers or other persons on any public way or railroad.


Sec. 11. No person shall behave in a rude or disorderly manner, or use any profane, indecent or insulting language, in any public street or place in the town, nor near any dwell- ing-house or other building therein; nor shall three or more persons continue to stand in a group, or near each other on any sidewalk, or in any public place, so as to obstruct a free passage for foot passengers, after having been requested by a constable or police officer to move on; nor shall any person, by any noise, gesture or other means, wantonly and designedly frighten or start any horse in any street or public place in the town.


Sec. 12 .. No person shall obstruct the free and convenient use for travel of any public street, sidewalk, or footpath, by leaving or fastening a horse or carriage so that the way will be obstructed; or by occupying the same with vehicles, wares or merchandise.


Sec. 13. No person shall deposit in or upon any public street, place or sidewalk in the town, any stones, dirt, ashes, shavings, or rubbish of any kind without permission from the Selectmen; and no person shall post any bill, placard, or ad- vertisement of any description, upon any tree in any highway or townway, without the consent of the Selectmen, or of the owner or owners of such tree, and the Selectmen shall cause notices to be posted in various public places containing a copy of this section of the By-Laws. -


Sec. 14. Any person who shall violate any of the provi- sions of the foregoing sections of this article shall forfeit and pay for every such offence a sum not less than one dollar nor more than twenty dollars, and all money so recovered shall be paid into the treasury of the town.


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ARTICLE IX.


Truancy.


Section 1. Habitual truants and children between seven and fifteen years of age, who may be found wandering about the streets or public places of the town, having no lawful occu- pation or business, not attending school, and growing up in ignorance, and such children as persistently violate the rea- sonable rules and regulations of the common schools, shall, upon the complaint of a truant officer, duly appointed accord- ing to law, be brought before a Court or Trial Justice having jurisdiction of such offence, and, upon conviction thereof, shall be committed to the Norfolk, Bristol and Plymouth Union Truant School in Walpole, in the County of Norfolk, or to' such truant school as may hereafter be established by law in place of said truant school, for a term not exceeding two years.


Sec. 2. It shall be the duty of the truant officers to report all cases coming to their knowledge of habitual truancy, and of children found wandering in the streets as aforesaid, to the parents or guardians of the children found offending; and in case such children so reported are again found violating this By-Law, to make complaint thereof before a court or magis- trate having jurisdiction of the offence. They shall also in- quire diligently concerning all persons between the ages aforesaid who seem to be idle or vagrant, or who, whether employed or unemployed, appear to be growing up in ignor- ance; and enter a complaint against any one violating Section 1 of this Article. Before making complaint against any child, the truant officers shall notify the child and its parents or guardian of the penalty of the offence.


ARTICLE X. Town Hall.


Section 1. The Selectmen shall have the care, custody and supervision of the Town Hall, including all the rooms in the edifice, and of the land and appurtenances thereto belonging,


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and of all property of the town contained therein; they shall engage a suitable person as Superintendent, who shall have the care of said building, and keep it clean and in order, and be in attendance whenever the house is open for use; they shall fix the price to be paid for the use of the hall and other rooms in the building, and make regulations for the use of the same, unless the town otherwise order in special cases.


Sec. 2. Applications for the use of the hall or other rooms shall be made to the Selectmen, and all permits to use the same shall be given in writing, directed to the Superintendent and signed by one or more of the Selectmen.


Seć. 3. The Selectmen may direct one or more constables or policemen to be present in or about the building whenever in their judgment the preservation of peace and good order may require it; and whenever any constable or policeman is so employed, the cost and expense shall be paid by the per- sons using the hall or other rooms.


'ARTICLE XI: Thayer Free Public Library.


Section 1. The town shall once in every two years, at its annual meeting, elect by ballot two Trustees of the Thayer Free Public Library, who shall be residents of the town, and shall hold said office for the term of two years.


ARTICLE XII. Drawbridge.


Section 1. The Selectmen shall annually engage a reliable man to take charge of the drawbridge, whose duty it shall be to open the draw at all times when required for the free pas- sage of vessels, and to close the same with all possible expe- dition, not permitting more than one vessel to pass at any one' opening of the draw, unless the approaches to the bridge are free from passengers while the draw is open; he shall also see that the bridge is at all times in a safe and proper condition; that the railings and planks are in good order, and immedi- ately report any defect in the same to the Selectmen.


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ARTICLE XIII.


Amendments.


Section 1. No part of these By-Laws shall be altered, amended or repealed, except at the annual town meeting in March, or at an adjournment thereof, nor unless the warrant calling the meeting shall have an article or articles setting forth the substance of the proposed amendment or repeal.


ARTICLE XIV.


Section 1. Upon the approval by the Superior Court of the By-Laws adopted at this meeting, all By-Laws heretofore existing, shall be annulled and repealed.


Resolved, that as soon as may be the foregoing By-Laws be presented to the judge of the Superior Court for approval and that the expense incurred be paid from the appropriation for legal and incidental expenses.


Voted that the thanks of the town be extended to the com- mittee on By-Laws for the efficient manner in which they per- formed their duty.


Art. 36. Voted that the Moderator of this meeting, Hon. F. A. Hobart, be added to the committee to act in conjunction with the Water Commissioners in considering the future Water Supply.


Voted to add George H. Arnold and E. L. Emerson to the above named committee.


Voted that this meeting be dissolved.


A true record. Attest:


H. A. MONK, Town Clerk.


COMMONWEALTH OF MASSACHUSETTS.


Norfolk, SS. Superior Court.


To the Honorable the Justices of the Superior Court, holden at Dedham, within and for the County of Norfolk:


Respectfully represents Henry A. Monk, Town Clerk of Braintree in said County, that the warrant for the Annual Town Meeting of the inhabitants of the Town of Braintree to


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be held in said town on the fifth day of March, A. D. 1900, contained an article of which the following is a true copy :


Art. 25. To see if the town will choose a committee to revise the By-Laws of the town or to make a new code of By-Laws.


At a meeting of the inhabitants of said Town of Braintree held on the fifth day of March, A. D. 1900, and by adjourn- ment from time to time until the twenty-fifth day of June, A. D. 1900, the following action was taken under said article of said warrant, the following being a true copy of the record thereof.


Voted that the foregoing code of By-Laws as recommended by the committee and amended by the town be accepted and adopted.


And your petitioner respectfully prays that said By-Laws may be approved.


A. D. 1900. Town Clerk.


COMMONWEALTH OF MASSACHUSETTS. Norfolk, SS. Superior Court.


Upon the foregoing petition it is ordered that said By-Laws be and the same are hereby approved with the following exceptions in Section 2 of Article II the words "its reports shall include a record of all complaints made to the Court, all warrants issued and all arrests made and for what reasons; this report to be made by each member of the Night Police Force," are not approved, and Section 1 of Article VI is not approved.


By the Court. December 5, 1900.


Norfolk, SS.


R. B. WORTHINGTON, Assistant Clerk. Dedham, December 5, 1900.


Entered and recorded in office of the Clerk of the Courts. Attest :


R. B. WORTHINGTON. Assistant Clerk.


A true copy. Attest :


R. B. WORTHINGTON. Assistant Clerk.


A true copy. Attest :


H. A. MONK, Town Clerk.


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WARRANT FOR TOWN MEETING.


Norfolk, S.S. To either of the Constables of the Town of Braintree. Greeting :


In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the inhabitants of the Town of Braintree qualified to vote in town affairs to meet at the Town Hall in said Braintree, on Wednesday, the four- teenth day of March, 1900, at seven o'clock in the evening, to act on the following articles, namely :


Article 1. To choose a Moderator to preside at said meet- ing.


Art. 2. To see if the town will accept the laying out as a Town Way the road leading from Washington street, through land of A. S. Pennock & Sons, to a point on Hancock street, as made by the Selectmen, and appropriate money to grade the same.


Art. 3. To see if the town will accept the laying out as a Town Way Bowditch street, so called, as made by the Select- men, and appropriate a sum of money to build the same.


Art. 4. To see if the town will accept the laying out of Safford street, so called, also a portion of Morton street and a portion of Forrest street as Town Ways as made by the Selectmen. .


You are to give notice of this meeting by posting up true and attested copies of this warrant in not less than nine pub- lic places in this town seven days at least before the time of said meeting, and by publishing the same once in the Brain- tree Observer.


Hereof fail not and make return of this warrant, with your doings thereon, to the Town Clerk before the time of said meeting.


Given under our hands at Braintree, this sixth day of March, in the year of our Lord nineteen hundred.


ANSEL O. CLARK, WILLIAM W. MAYHEW, J. PARKER HAYWARD, Selectmen of Braintree.


A true copy. Attest:


H. A. MONK, 1 Town Clerk.


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Braintree, March 14, 1900.


The town met in accordance with the foregoing warrant, the Town Clerk called the meeting to order and read the warrant.


Article 1. Upon ballot with the use of the check list Mr. F. A. Hobart was elected Moderator and was sworn to the faithful performance of his duties.


Art. 2. Taken up. Motion made that the town accept the street specified in Article 2 of the warrant as recommended by the Selectmen and that the sum of three hundred (300) dollars be appropriated for grading and gravelling the same.


The above motion was rejected, 36 voting in the affirmative and 39 in the negative.


Notice was immediately given that a motion would be offered for reconsideration.


Art. 3. Taken up. Voted that this meeting now adjourn until after the completion of all the business of the annual meeting, when it shall immediately be called to order.


A true record. Attest :


. H. A. MONK, Town Clerk.


Braintree, June 25, 1900.


The town met in accordance with adjournment from March 14th. F. A. Hobart, Moderator, in the chair.


Art. 3. Before the meeting.


Voted to lay Article 3 on the table and take up Article 4.


Art. 4. Voted to accept the streets named in this article as described and recommended by the 'Selectmen.


Voted that the street described as Morton street be called Summer street and the street described as Forrest avenue be called Safford street.


Art. 3. Voted to accept as a town way Bowditch street as laid out by the Selectmen, and that the sum of six hundred dollars be appropriated to build the same.


Art. 2. Voted to reconsider the vote passed March 14th whereby the town voted not to accept the street named in this article.


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Voted to accept the street named in Article 2 as laid out by the Selectmen and that the sum of three hundred dollars be- appropriated to build the same.


Voted to adjourn.


A true record. Attest :


H. A. MONK, Town Clerk.


WARRANT FOR TOWN MEETING.


Norfolk, ss. To either of the Constables of the Town of Braintree. Greeting :--


In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the inhabitants of the Town of Braintree, qualified to vote in town affairs, to meet at the Town Hall, in said Braintree, on Saturday, the four- teenth day of April, A. D., 1900, at seven and one-half o'clock in the evening, to act on the following articles, namely :


Article 1. To choose a Moderator to preside at said meet- ing.


Art. 2. To see if the town will make an additional appro- priation for the extension of the Electric Light Plant, and authorize the Treasurer to issue notes of the town therefor.


You are to give notice of this meeting by posting up true and attested copies of this warrant in not less than nine public places in this town seven days at least before the time of said meeting, and by publishing the same once in the Braintree Bee.


Hereof fail not and make return of this warrant with your doings thereon to the Town Clerk before the time of said meeting.


Given under our hands at Braintree, this sixth day of April, in the year of our Lord nineteen hundred.


ANSEL O. CLARK, WM. W. MAYHEW, J. PARKER HAYWARD). Selectmen of Braintree.


A true copy. Attest :


H. A. MONK,


Town Clerk ..


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Braintree, April 14, 1900.


In accordance with the foregoing warrant the town met at the time and place specified, the meeting was called to order and the warrant read by the Town Clerk.


Article 1. Upon ballot with the use of the check list Mr. E. E. Abercrombie was elected Moderator and was sworn by the Town Clerk.


Art. 2. Voted to appropriate the sum of five thousand dollars ($5000) for the extension of the Electric Light Plant. and that the Town Treasurer be and is hereby authorized to issue the note or notes of the town for that amount under the direction of the Board of Selectmen.


Ten gentlemen voted in the affirmative, two in the negative. Voted to adjourn.


A true record. Attest :


H. A. MONK, Town Clerk.


WARRANT FOR SPECIAL TOWN MEETING.


Norfolk, ss. To either of the Constables of the Town of Braintree. Greeting :


In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the inhabitants of the Town of Braintree qualified to vote in town affairs to meet at the Town Hall in said Braintree, on Friday, the twentieth day of April, 1900, at seven and one-half o'clock in the evening, to act on the following articles, namely :


Article 1. To choose a Moderator to preside at said meet- ing.


Art. 2. To see if the town will vote to reconsider or re- scind the vote whereby it appropriated money to be expended by C. F. H. Crathern for enforcement of the laws and direct any portion of said money not expended to be turned into the treasury, or to see if it will vote instructions to said Crathern relative to the matter.


You are to give notice of this meeting by posting up true


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and attested copies of this warrant in not less than nine public places in this town, seven days at least before the time of said meeting, and by publishing the same once in the Braintree Observer.


Hereof fail not and make return of this warrant, with your doings thereon, to the Town Clerk before the time of said meeting.


Given under our hands at Braintree, this twelfth day of April, in the year of our Lord, one thousand nine hundred.


ANSEL O. CLARK, WM. W. MAYHEW, J. PARKER HAYWARD, Selectmen of Braintree.


A true copy. Attest :


H. A. MONK, Town Clerk.


Braintree, April 20, 1900.


In accordance with the foregoing warrant the town met at the time and place designated. The meeting was called to order and the warrant read by the Town Clerk.


Article 1. Upon ballot with the use of the check list Mr. F. A. Hobart was elected Moderator and was sworn.


Art. 2. Voted, that it is the sense of the town that the money appropriated at the annual meeting for the enforce- ment of the laws should be used especially for the suppression of the sale of intoxicating liquors, and all violations of the law, under the Nuisance Act, so called.


Voted to adjourn.


A true record. Attest :


H. A. MONK, Town Clerk.


WARRANT FOR TOWN MEETING.


Norfolk, ss. To either of the Constables of the Town of Braintree. Greeting:


In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the


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Town of Braintree, qualified to vote in town affairs, to meet at the Town Hall, is said Braintree, on Thursday, the sixth day of September, A. D., 1900, at seven and one-half o'clock in the evening, to act on the following articles, namely:


Article 1. To choose a Moderator to preside at said meet- ing.


Art. 2. To see if the town will confer authority to the Board of Selectmen to contract with the Massachusetts High- way Commission to build a piece of State Highway on Quincy avenue, in Braintree.


Art. 3. To see if the town will appropriate an additional sum of money to be expended in repairing highways.


You are to give notice of this meeting by posting up true and attested copies of this warrant in not less than nine public places in this town, seven days at least before the time of said meeting, and by publishing the same once in the Brain- tree Bee.


Hereof fail not and make return of this warrant with your doings thereon to the Town Clerk before the time of said meeting.


Given under our hands at Braintree, this twenty-ninth day of August, in the year of our Lord, one thousand nine hun- dred.




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