Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 13

Author: Brookline (Mass.)
Publication date: 1888
Publisher: Brookline, Mass. : Published by vote of the town
Number of Pages: 680


USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 13


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53


143


Meeting, January 27, 1845.


the hill in Capt. Cook's land, from thence to a white Oak Tree standing in the wall between the Land of Mrs. White and Joseph Goddard's Land Marked R.B. Thence by said wall to a Stone Monument marked R.B. standing in Land of B. Lincoln. Thence to a Monument marked R.B. at the corner of Alvin Loker's Lane. Thence to a Stone marked R.B. lying on the Wall on the East side of the end of Loker's Lane. From thence to a Stone marked R.B. lying on a large Rock in the Wall between the Land of Willard A. Humphry's and Land belonging to Charles Stearns, Jun. From thence to a Stone Monument marked R.B. at the corner of the Wall between the late William Baker & Mr. Woodward's. From thence to a large Stone marked R.B. in A. D. Weld's meadow. Thence to a rock marked R.B. and a heap of Stones in A. D. Weld's Pasture. Thence to a large Stone on the Rock in Land of Mr. Billings marked R.B. Thence to a White Oak Tree marked R.B. standing in the Wall. Thence across the Swamp to its Westerly edge to a Stone Monument marked R.N.B. which forms the corner Bounds between Roxbury, New- ton and Brookline Line. All which Bounds we have agreed to and renewed, the day and year before mentioned.


JOSHUA SEAVER, - NATH'L S. PRENTISS, JOSEPH W. DUDLEY,


Agents for Roxbury.


DANIEL COOLIDGE,


THOMAS GRIGGS, CHARLES STEARNS, JR.,


Agents for Brookline.


OTIS WITHINGTON,


A true Copy.


Attest : OTIS WITHINGTON, Town Clerk.


WARRANT FOR JANUARY MEETING.


COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS.


BROOKLINE.


To Elisha Stone, one of the Constable of the Town of Brookline, GREETING :


In the name of the Commonwealth of Massachusetts, you are hereby directed to notify the inhabitants of said town, qualified to vote in Elections, by leaving a printed notice at the residence of each voter, to meet at "Lyceum Hall" in said town, on Monday the Twenty-Seventh inst., at One O'clock in the afternoon, for the following purposes, to wit :


First. To choose a Moderator to preside at said meeting.


Second. To act upon an Order of Notice from the General Court, upon the Petition of Sidney Willard & others, praying to be allowed the use of the " Flats " lying on the westerly side of the Mill Dam.


144


Brookline Town Records.


Third. To Act upon an Order of Notice from the General Court upon the Petition of the " Inhabitants of the City of Boston" having refer- ence to conveying water through the town of Brookline in Aqueducts, for the supply of the City.


Fourth. To hear and Act upon the Petition of Charles Stearns, Jr., James Robinson & Benjamin B. Davis, praying to be indemnified for the expense of defending an action, brought by Joshua W. Blanchard, to recover damages for having his name excluded from the list of Voters by the said petitioners while in the honest and faithful discharge of their duty as Selectmen in the year 1840-And to grant and appropriate money for the same if the town so determine.


Fifth. To hear and Act upon the Petition of Joshua W. Blanchard praying to be indemnified for the expense attending the prosecution of his claim for damages for being deprived of a right to vote in the year 1840.


Sixth. To see if the town will make any alteration in the highway districts, and make a new apportionment of the appropriation for high- ways.


Seventh. To determine in what manner the Maps of the town shall be disposed of when ready for delivery.


Eighth. To revise the Jury box.


Hereof fail not, and make due return of your doings with this warrant, at the time and place of meeting, as above.


Given under our hands and seals this Twentieth day of Jan- uary, Eighteen hundred and forty-five.


DANIEL SANDERSON, [L.s.] Selectmen


DAVID COOLIDGE, L.S.]


THOMAS GRIGGS, L.S.7 of Brookline.


NORFOLK, SS.


BROOKLINE, Jan. 25tlı, 1845.


By virtue of the within warrant I have notified and warned the within named persons to appear at the time and place and for the purposes within mentioned.


ELISIIA STONE, Constable of Brookline.


A true Copy.


Attest : OTIS WITHINGTON, Town Clerk.


Agreeably to the foregoing warrant a meeting was held at Lyceum Hall, January 27th, 1845. Capt. Daniel Sander- son was chosen Moderator.


An order of Notice from the General Court upon the Petition of Sidney Willard and others praying to be allowed


145


Meeting, January 27, 1845.


to use the "flats" lying on the Westerly side of the Mill Dam, was read.


Voted that the same be laid on the table.


An Order of Notice from the General Court upon the petition of the " Inhabitants of the City of Boston " having reference to conveying Water through the town of Brookline in Aqueducts for the supply of the City.


Voted to lay it upon the table.


The following Report was read and accepted by Vote :


REPORT OF COMMITTEE ON SELECTMEN'S CASE.


The Committee, Appointed in Nov., 1842, to consider and report upon certain expenses incurred in the defence of a prosecution by J. W. Blanclı- ard, of the former board of Selectmen for an official act in 1840, would now report,-That in consequence of a new trial having been granted by the Supreme Court, the subject has not been brought before your committee until the present winter. And considering that the said board of Selectmen had not yet presented to the Town any petition for indemnity, which seems to your committee a necessary preliminary to any action on the part of the Town upon the subject; and considering also that a large portion of the expenses of said defence has been incured since our appointment, your committee did not feel properly authorized to take the subject into consideration, and consequently declined entering upon it. We therefore request a discharge from our appointment.


BROOKLINE, Jan'y 27th, 1845.


SAMUEL PHILBRICK, ? Committee. JAMES BARTLETT,


The following Petition was read :


PETITION OF SELECTMEN.


To the Inhabitants of the Town of Brookline in Town Meeting Assembled :


Respectfully represent the subscribers : That in 1840 they were duly chosen & faithfully served the Town in the capacity of Selectmen during that year, and that the responsibilities & labor of that station were greatly increased in that year by reason of tlie severely contested elec- tions which then took place.


That Mr. Joshua W. Blanchard claimed the right to have liis name placed upon the list of voters of the Town, & to vote at all the elections for Town, State, & United States Officers. And that his claims were strenuously opposed by a large number of the voters of said Town.


And, that your petitioners were threatened with prosecution on the one side if his claims were refused, & on the other side, if they were allowed. That we honestly & impartially endeavored to collect all the material facts in the case; and that we might not do injustice to any, but strictly conform to the rules of law prescribed in such cases, we submitted all the facts, thus by us collected, to one of the most eminent Jurists in Boston, the Hon. Samuel Hubbard, now one of the Justices of the


10


146


Brookline Town Records.


Supreme Judicial Court, for his opinion thereon-and that he advised your petitioners that said Blanchard was not then entitled to vote in said Brookline. And that relying upon the correctness of said opinion, we refused to enter said Blanchard's name upon the list of voters for that year, & also refused to receive his vote when offered. That said Blanch- ard thereafter brought his action against your petitioners for such refusal. And we were obliged to employ counsel learned in the law to aid us in making a defence against said suit.


That on the first trial thereof the Jury did not agree upon a verdict, and a second trial was. had, resulting in a verdict in favor of the Plaintiff, said Blanchard. That exceptions in points of law were taken to the rulings of the presiding Judge, which were deemed erroneous by our counsel, and were argued before the full Bench of the Supreme Court; for the purpose of correcting the said errors, as well as to obtain tlie opinion of the full Bench of Judges of the Supreme Court in the case, that a Precedent might be established for all time to come, which was considered to be of great importance botli to our community and the public. But much to the surprise and regret of your petitioners a new trial was ordered by the Supreme Court by reason of the said errors of the presiding Judge. That your petitioners were thus again compelled to suffer the perplexities of another trial, being the 3d Jury trial; and the Jury on this trial returned a verdict in favor of said Blanchard, awarding him 150 dollars damages, for which a judgment was rendered, & also for costs of Court amounting to $328.60-and in addition to said sums, your petitioners have been obliged to expend a further sum of $578.16 in counsel fees, fees of witnesses & other necessary expenses attending said trials, making a total expenditure of $1056.76, exclusive of our own time and services & personal expenses which have been to a very considerable amount, but of which we have kept no account. And your petitioners would further show, that they consider it reasonable, just and lawful that officers of the Town should be indemnified for all expenses incurred in consequence of an honest and faithful discharge of their official duty,-and that it is neither just, nor reasonable, nor equita- ble, that they should be personally held to respond from their own funds for any damages recovered against them ; or for expenses imposed upon them for acting officially according to their honest convictions of duty ; altho' they may err in judgment in regard to the legal rights of parties interested,-and still less reasonable is it, when they take unusual pains to inform themselves, and act in conformity to the advice of counsel, eminent for ability & learning.


Wherefore your petitioners pray that the said inhabitants of Brookline would grant them the payment from the Treasury of the Town of the above named sum of one thousand & fifty-six dollars & 76 cts., to reim- burse them for expenses necessarily incurred as aforesaid.


And in duty bound will ever pray.


BROOKLINE, Jan'y 1st, 1845.


CHARLES STEARNS, JR., JAMES ROBINSON, B. B. DAVIS.


Voted, That the prayer of the petitioners be granted.


147


Meeting, January 27, 1845.


Joshua W. Blanchard presented the following petition, whereupon it was-


Voted, That Samuel Goddard, George Babcock & D. R. Griggs be appointed to obtain the written opinion of able counsel upon the legality of granting the prayer of this petition, and also that of the former board of Selectmen, and make report to the annual meeting in March next.


PETITION OF JOSHUA W. BLANCHARD.


To the inhabitants of the Town of Brookline in the County of Norfolk & Commonwealth of Massachusetts, GREETING :


The petition of Joshua W. Blanchard of said Brookline respectfully represents that at the fall election of eighteen hundred and forty being qualified by law to vote at said election, he did present himself before Charles Stearns, Jr., James Robinson and Benj'n B. Davis, then the acting Selectmen of said Town, expressing his desire to vote at said election, but that the said Selectmen did then & there refuse to let your petitioner vote, notwithstanding he offered to show said selectmen abundance of proof that he was a legal voter and entitled thereby to vote, and enough of good evidence to that effect to satisfy any reasonable man of his right so to vote, and said Selectmen asserted and proclaimed then and there that your petitioner was not by law entitled to vote, and that in attempting to vote he was attempting to do an illegal & unlawful act.


Whereby your petitioner was greatly injured in his good name, fame and reputation, and was compelled to assert and maintain his rights and reputation by commencing a suit at law against said Selectmen, and in commencing & prosecuting his said suit against said Selectmen, he was unnecessarily by said Selectmen put to a great deal of trouble and expense in employing counsel, in the taking of depositions, obtaining witnesses, and divers other expenses & charges by reason of said Select- men continuing said suit from term to term & from one court to another until your petitioner recovered judgement against said Selectmen for $150 dollars damage and $303.80 cost, in all $453.80, which last namecl sum of $453.80 was all that was ever received or to be received of said Selectmen in said suit.


Your petitioner further represents that he has paid out in prosecuting said suit for witnesses' Depositions and Court fees the said sum of $303.80, & that he has also paid B. F. Hallet, Esqr., for Attorny fees in said suit $263.05, & that he has also paid out in cash to witnesses & in going after witnesses in said suit, & which could not be taxed in the legal cost by the court, $111.00. Making in all the expenses $677.85, and making the balance of cost paid out by your petitioner in said suit, over and above the amount of receipts, of $224.05.


Wherefore your petitioner prays that he may be indemnified and paid by said town the $224.05, the same being the amount of expenditures above the receipts in said suit.


JOSHUA W. BLANCHARD.


148


Brookline Town Records.


Voted, That Marshal Stearns, Thomas Griggs, Samuel Philbrick, Royal McIntosh, Daniel Sanderson, George W. Goldsmith, Thomas N. Woodward, John W. Warren, Hugh M. Sanborn, & Simon Warren be a Committee to take into consideration the subject of making any alteration in the highway districts and apportioning the money raised to the same, and report at March meeting.


Voted, That the committee on the Town Map procure three hundred copies of the Map.


Voted, That the Map be furnished to individuals for fifty cents each.


The following persons were recommended by the Select- men for the Jury Box, and were adopted by Vote :


When drawn.


April 14th,


1845. Samuel Goddard.


April 17,


1847. Abijah W. Goddard.


Mar. 1,


1847. Samuel Philbrick.


September 7,


1846.


Marshal Stearns.


Mar. 6th, 1843.


Dec. 19th,


1842.


Daniel Sanderson.


Dec. 10,


1846.


Mar. 6,


1843. Otis Withington.


Jan. 27,


1845. Simon Warren.


March 6th,


1843. James Robinson.


March 6,


1843.


Moses Withington.


April 6,


1846. 5


Isaac Dearborn.


Dec. 8th,


1845. David S. Coolidge.


March 10th,


1845.


Charles Stearns, Jr.


Jan. 30,


1847.


John Kenrick.


Mar. 1,


1847.


Samuel Craft.


April 17,


1847.


Thomas Griggs.


Feb. 3,


1848.


William J. Griggs.


April 14th,


1845. Samuel A. Robinson.


Dec. 6,


1847.


James Bartlett.


Sept. 6,


1847. Benj'n B. Davis.


Sept. 8th,


1845. Seth T. Thayer.


April 14th, 1845. David R. Griggs.


October 13,


1845. John Heath.


Mar. 1,


1847. Oliver Whyte.


Jesse Bird.


Feb. 2,


1846. Samuel Clark.


April 6,


1846. Artemas Newell.


April 14th,


1845. Clark L. Haynes.


March 10th,


1845. Willard A. Humphrey.


Adjourned Sine die.


OTIS WITHINGTON, Town Clerk.


149


Meeting, March 3, 1845.


WARRANT FOR MARCH MEETING. COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS.


To Elisha Stone, one of the Constables of the Town of Brook- line, GREETING :


In the name of the Commonwealth of Massachusetts, you are hereby directed to notify the inhabitants of the town of Brookline, qualified to vote in Elections, by leaving a printed Notice at the residence of each voter, to meet at Lyceum Hall in said town, on Monday, the third day of March next, at one o'clock in the afternoon, at which time and place the polls will be opened for the following purposes, Viz. :


1st. To chose a Moderator to preside at said Meeting.


2d. To choose all necessary town officers for the ensuing year.


3d. To hear the reports of any Committees that are prepared to report, and act thereon.


4th. To bring in their votes for County Treasurer.


5th. To bring in their votes for a Special Commissioner for the County of Norfolk, to supply the vacancy occasioned by the death of Benjamin P. Williams, Esqr.


6th. To hear and act upon the report of the Committee who were appointed to take into consideration the subject of purchasing a Poor House and Farm.


7th. To see if the town will make an appropriation for a new Suction Hose, and for some other improvements upon the Fire Engine, and for a Bell for the Engine House, and also to make an appropriation to defray the current expenses of the Engine Company for the ensuing year.


8th. To see if the town will appoint a Committee and empower them to take legal advice upon the subject of the Wood-lot which was con- veyed to the town in the year 1759 "for the use of the minister or min- isters" of said town, in order that the rights of the several Parishes in the town to the benefit of said lot and its proceeds may be permanently established.


9th. To act upon the request of Nathaniel Pulsifer, in relation to levelling Boylston Street where it crosses " Bradley's Hill."


10th. To see if the town will grant to the Harvard Congregational Society a lot in the Cemetary.


11th. To grant and appropriate such sums of money as may be nec- essary to defray the expenses of the Town for the ensuing year.


150


Brookline Town Records.


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


Given under our hands and seals this seventeenth day of February, in the year of Our Lord One Thousand Eight Hundred and Forty-Five.


DANIEL SANDERSON, L.S.7


DAVID COOLIDGE, L.S.


JL Selectmen


THOMAS GRIGGS, L.S. JL of Brookline.


NORFOLK, SS.


BROOKLINE, Feb. 28th, 1845.


By virtue of the within warrant I have notified and warned the within named persons to appear at the time and place for the purposes within mentioned. ELISHA STONE, Constable.


A true Copy.


Attest : OTIS WITHINGTON, Town Clerk.


The Annual meeting of the town was accordingly held at Lyceum Hall, March 3d, 1845.


The meeting was opened with prayer by Rev. Dr. Pierce. After reading the foregoing warrant, Capt. Daniel Sander- son was unanimously chosen Moderator.


Otis Withington was unanimously re-elected Town Clerk, and sworn by the Moderator.


Voted, To, choose three Selectmen.


The following were chosen-


Daniel Sanderson, 51 Votes.


Selectmen. Marshal Stearns, 50


James Bartlett, 65


Voted, To choose three Assessors.


The following were chosen-


Charles Stearns, Jr., 78 votes.


Assessors. ‹ Isaac Cook, 78


Jesse Bird, 45


Voted, That the Treasurer and Collector be united in one person.


Treasurer - Artemas Newell was 81 V.


and Collector. 1 chosen to these offices 81 V.


Voted, To choose three General School Committee.


151


Meeting, March 3, 1845.


The Report of the Gen. School Com. was read and accepted-see Report.


Voted, That this report be printed, and a Copy furnished to every family in the town.


The following gentlemen were re-elected-


General Rev. John Pierce, D. D., 106 Votes, School " Wm. H. Shailer, 106.


Committee. Samuel Philbrick, Esqr., 62


The following were chosen as Prudential School Com- mittee :


Prudential Charles Stearns, Jr., North district.


Hugh M. Sanborn,


South


Committee.


Caleb Craft,


South West district.


REPORT OF COMMITTEE ON HIGHWAY DISTRICTS.


The committee appointed by the Inhabitants of Brookline to revise the former division of the Town into highway districts, and also the appor- tionment of money to each division, having attended to that business, have concluded to propose for the adoption of the Town the following division and apportionment, Viz. :


The First district, to include the whole of Harvard and School Streets, and that part of Cypress Street which lies between Washington and Boylston streets, to be called Harvard Street district, shall be entitled to receive of the moneys raised, 11 per ct.


The Second district, to include the whole of Washington Street, and called Washington Street district, shall receive 18 per ct.


The Third district to include the whole of Walnut street, and that part of Cypress St. which lies between Walnut & Boylston streets, to be called Walnut Street district, to have 7 per ct.


The 4th district to include the whole of Warren & Cottage streets, and called Warren Street district, shall receive 11 per ct.


The 5th district, to include the whole of Heath and Cross Streets, and called Heath Street district, shall receive 12 per ct.


The 6th district, to include the whole of Clyde Street, and that part of Newton Street which lies between Clyde Street and Roxbury line, and called Clyde Street district, shall receive 6 per ct.


The 7th district, to include that part of Newton Street which lies between Clyde Street and Newton line, and the whole of South Street, and called Newton Street district, to receive 10 per ct.


The 8th district, to include that part of Boylston Street which lies between Brighton Street and Newton line, and called Boylston Street Western district, to receive 9 per ct.


The 9th district, to include the whole of Brighton Street, and called Brighton Street district, to receive 4 per cent.


152


Brookline Town Records.


The 10th district, to include that part of Boylston Street which lies between Brighton & Washington Streets, and called Boylston Street Eastern district, to receive 12 per cent.


Making a total of One hundred per cent.


The prices heretofore charged by the several highway surveyors for labor on the roads having been attended withi a variation of fifty per cent, your Committee deem it important that provision should be made requiring uniformity of charge throughout the Town, and to effect this purpose they would recommend the adoption of the following resolution by the Town :


Resolved, That from and after this time the several highway surveyors in this town may be allowed for labour performed on the road the fol- lowing prices, Viz. : For an able bodied man, One dollar & 25 cents per day, and the same price for a yoke of oxen and cart-and for a horse and cart, One dollar per day-and that no higher charges be allowed by the Selectmen in their settlement of the surveyor's accounts.


All which is submitted.


For the committee,


MARSHAL STEARNS, Chairman.


BROOKLINE, Feb., 1845.


Voted, To accept the report and resolve.


Voted, That not less than ten hours be considered a day's work on the road.


Surveyors of Highways :


Per ct.


1st. Charles Stearns, Jr.,


Harvard Street district.


11


2d. James Bartlett,


Washington "


18


3d. Jesse Bird,


Walnut


7


4th. John W. Warren,


Warren


11


ɔ̃th. Thomas C. Quimby,


Heath


66


12


6th. Alvin Loker,


Clyde 66


6


7th. Caleb Craft, Jr.,


Newton 66


66


10


8th. Simon Warren,


Boylston


Western district. 9


4


10. Hugh M. Sanborn,


Brigliton


Eastern 66 12


100


Fire Wards. George Stoddard. Seth T. Thayer.


Fence Viewers. John Gibbs.


§ Caleb Clark.


Pound Keeper, John Haulahan.


Constables. § Elisha Stone. A. H. Clapp.


-


9th. Daniel Sanderson,


Brighton


153


Meeting, March 3, 1845.


Voted, To choose ten Field drivers. The following were chosen :


Field Drivers.


Samuel A. Walker, William J. Griggs, James Robinson, Clark L. Haynes, Thomas C. Quimby, George Stoddard, Charles Coolidge, Jerathmeel Davenport, Samuel Clark, Simon Warren.


Voted, To choose three as committee on Town Ac'ts. The following were chosen :


Charles Wild,


Com. on Town Accounts. - Elijah Corey, Abijah W. Goddard.


Cemetery Com's. report was read, accepted & adopted- See report.


Voted, To choose three as Cemetery Com., by ballot. The following were chosen :


- Jesse Bird, Cemetery Committee. - Hugh M. Sanborn, James Bartlett.


There were Seventy-three Votes given in for County Treasurer, and John Bullard had Seventy-three.


There were Fifty-seven Votes given in for Special Com- missioner, and were for the following :


Special Nathan Jones of Medway had fifty-five votes. Commis- - Artemas Newell of Brookline had one


sioners. Daniel P. Jones of Medway had one 66


Surveyors of Jeremiah Lyon. Wood and Lumber. Elisha Stone.


Voted not to choose Tythingmen.


Voted, That the Town Treasurer's report be defered untill an adjournment of this meeting.


The following report of the Building Com. was read, accepted, and adopted by Vote :


BUILDING COM'S. REPORT.


The Committee for building the Town Hall would now report, That since closing the contract with James Bartlett for a lot of land, they have caused the removal of a sufficient quantity of gravel from the bank


154


Brookline Town Records:


to give room for the building and cellar free of charge to the town, and have contracted with Mr. Grenville Fuller of Brighton to provide materials, erect and complete a building 70 ft. by 38 ft., with projecting pilastors in front, a basement story to contain three rooms, with a hall and Committee room in the 2d story. The cellar wall is now laid, and the contractor has given bonds to complete the building to the satis- faction of your committee by the 1st of Sept. next.


The expense of building an Engine house seperate from the hall build- ing having exceeded the estimated amount, and the dimension of the hall having been enlarged by the addition of a gallery over the entry, there will be some deficiency in the amt. of money granted by the Town for the completion of the building, as will be shown by the following statement :


Paid James Bartlett for land, as per vote of the Town 935 82 Cost of Engine house & land, as per Selectmen acct. 765 59


Paid Architects for drawings 104 50




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.