Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 19

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 19


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The traveled part of the road is to be made twenty-two feet in width in the clear, exclusive of side gutters, and when graded to be graveled with good gravel to the depth of eight inchies in the centre and three inches at the outer edges of the same, & crowning twelve inches, the travel path to be in the centre of the road limits, excepting at angles & at such other places or points where ledges of rock prevent. No large stones or stumps to be left within nine inches of the surface of the road when completed.


GRADING.


Through all the meadow and swamp land the road to be raised three feet, when completed, above the natural surface. The highest part of the hill (by the great rock) in S. Hill's pasture, to be lowered three feet, and the hill at the angle (by the Hornbine tree) in the same pasture to be lowered also three feet, and the road to be graded to an even slope each way from said hill so cut, to the meadow land so raised.


BRIDGES.


Stone bridges or culverts to be laid across said road at least two feet square in the clear, at the following places, viz. : One in Craft's meadow at the ditch about 502 feet distant from the southerly end of the road; one at the ditch dividing Craft's and Hill's land; one at the ditch in Hill's meadow; and one at the ditch between Hill's and Harris' land. Side railings to be put up, if found necessary, at the bridges and other embankments, as a protection to travellers on the road. The whole work to be completed in a substantial and workmanlike manner and to the acceptance of the Commissioners.


To the owners of the land over which said road is laid is awarded for their lands taken for fencing against the road, when necessary, and for


214


Brookline Town Records.


all injuries to their estates, the sums set against their names respect- ively. For the payment of which, warrants will be drawn upon the County Treasury as soon as the said Town of Brookline shall have entered upon & taken possession of their lands for the purpose of work- ing said road, viz. :


Caleb Craft was understood to claim no damages.


Samuel Hill, One Hundred & Twenty-five Dolls.


$125


Luther M. Harris, Fifty Dollars


50


$175


SAMUEL I. LOUD, per order.


A true copy ; Attest : EZRA W. SAMPSON, Clerk.


Received and entered with these records, January 12th, 1847.


Attest : ARTEMAS NEWELL, Town Clerk.


TOWN MEETING, JAN. 28, 1847.


COMMONWEALTH OF MASSACHUSETTS.


JANUARY, 1847.


NORFOLK, SS. To the Constable of the Town of Brook-


BROOKLINE. line, GREETING :


In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the Inhabitants of the Town of Brookline qualified to vote in Elections, to meet at the Town Hall in said Town, on Thursday, the twenty-eighth day of January inst., at three o'clock P. M., for the follow- ing purposes, to wit. :


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


2d. To act upon the petition to the Legislature of Otis Pettee and others to be incorporated for the purpose of making and maintaining a Rail Road from Boston to Worcester through Brookline.


3d. To hear and act upon the request of S. A. Walker in relation to a claim of the land upon which the Hay Scales are located, and in relation to widening and filling up a portion of Boylston and Washington Streets.


4th. To hear and act upon the report of any Committee prepared to report.


215


Special Meeting, January 28, 1847.


Hereof fail not, and make due return of this Warrant with your doings thereon, at the time and place aforemen- tioned.


Given under our hands and seals this twenty-third day of January, Anno Domini Eighteen hundred forty-seven.


'Signed, MARSHAL STEARNS, JAMES BARTLETT, of Brookline.


Selectmen


NORFOLK, SS. TOWN OF BROOKLINE, January 27th, 1847.


Pursuant to the within Warrant, I have notified the Inhabitants of the Town of Brookline herein described to meet at said time and place and for the purposes within mentioned, by leaving a Notification at each and every house in said Town.


Signed, A. H. CLAPP, Constable of Brookline.


At Town Meeting held pursuant to foregoing Warrant, January 28th, 1847-


In consequence of the absence of the Town Clerk by rea- son of sickness, Daniel S. Kendall was chosen Town Clerk, pro tem., for this present Town Meeting, was immediately qualified, the oath being administered by Thomas Griggs, Esq., Justice of the Piece.


The first Article in Warrant was called up.


Marshal Stearns chosen Moderator.


The second Article in Warrant was called up.


Voted, That the subject be laid on the table.


The third Article in Warrant was called up.


Voted, That a Committee be appointed to investigate Mr. Walker's claims, and report at the next March meeting.


Voted, That the Committee consist of three.


Voted, That the Moderator appoint said Committee.


In pursuance of the last vote, the Moderator appointed William Ingersoll Bowditch, Benjamin Goddard, Samuel Philbrick, as a Committee.


216


Brookline Town Records.


The fourth Article in Warrant was called up.


The Committee, through their Chairman, Marshal Stearns, appointed at a meeting of the citizens in Sept. last, to meet the Commissioners and oppose the laying out of a Road petitioned for by Joseph Billings, submitted their report, which was unanimously accepted.


REPORT OF COMMITTEE AFORESAID. -


The Committee appointed at a meeting of the citizens in Sept. last, to meet the Commissioners and oppose the laying out of a new Road peti- tioned for by Joseph H. Billings and others, report :


That a majority of said Committee met the Commissioners at Dedham, and agreeably to their instructions, offered such arguments as they thought advisable against laying out said new Road. One of which was, that the new Road prayed for could be of no use to the citizens of Brook- line as a Town, and justice would require that a portion, at least, of the expense should be borne by the County. Also, that the old road would still be liable to be indicted should the new Road be laid out, and the small amount of travel did not warrant the expenditure of so large a sum as would be necessary to make the new Road. The Committee understood the Commissioners to say if any petitioner should appear to have the Old Road widened and repaired, the Town would be justified in taking measures to have it discontinued. Contrary to the expectations of your Committee, the Commissioners proceeded to lay out said new road, and have sent their order to the owners of the land through which the road passes, that three months are allowed them to remove their wood, fences, &c., and draw on the County Treasury for damages which have been awarded them. And one year is allowed to the Town to make and complete the road according to the specifications made by the Com- missioners, and to their acceptance. Your committee would recommend after the completion of the road, that some further action be taken in relation to the expense borne by the County, as they believe this to be a case in which the Commissioners would be justified in taxing the County at least one half of the expense. The committee have made inquiry of persons in the practice of making roads, and who have examined the route, the expense per rod for making and completing said road. The result of the inquiry is, that it will cost nearly or quite Five dollars.


The amount for completing the road will probably require One thou- sand dollars, a sum which your committee would recommend, at the proper time, should be raised and appropriated for making and complet- ing said road.


In behalf of the committee,


Signed, MARSHAL STEARNS, Chairman.


After all matters contained in the Warrant issued by the Selectmen on the twenty-third of January, Anno Domini Eighteen hundred forty-seven, had been acted on, many


217


Annual Meeting, March 1, 1847.


legal voters having left the hall, all subjects legally before them being disposed of, George Griggs, Esq., offered the following motion, to wit. :


" [That] The Selectmen of the Town procure copies of the Report of the School Committee, and of the Town Treasurer, to be printed in season to be distributed at the meeting in March for the choice of Town Officers and the Report of the Committee on By-Laws."


This motion being carried, Adjourned sine die.


Attest : D. S. KENDALL, Town Clerk, pro tem.


ANNUAL MEETING, MARCH, 1847.


SEAL. SEAL. SEAL.]


COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS. 2


BROOKLINE. 5 To the Constables of the Town of Brookline, GREETING :


In the name of the Commonwealth of Massachusetts, you are required to notify and warn the Inhabitants of the Town of Brookline, qualified to vote in elections, to meet at the Town Hall in said Town on Monday, the first 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, to wit. :


1st. To choose a Moderator.


2d. To choose all necessary Town Officers for the ensuing year.


3d. To hear and act upon the reports of the Treasurer and of any other Town Officers or committees that are prepared to report; also, to act upon a code of By-Laws which have been printed for distribution, and which will be presented to the Town by a committee for their con- sideration.


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


5th. To see if the Town will appropriate a sum of money for the pur- pose of Macadamizing and Draining a portion of Washington Street through the Village.


6th. To hear the proposal of Charles G. Colbath, in relation to the School House and land in the South District, and to act thereon.


218


Brookline Town Records.


7th. To see if the Town will purchase a piece of land in the rear of the Town House for the purpose of enlarging the play-grounds for the School children, and grade, embank, and otherwise finish off the grounds in a proper manner.


Sth. To see if the Town will take measures to dig a well & provide a pump for the High School.


9th. To hear the report of the Committee appointed at the last annual meeting, to ventilate the Town Hall, and if deemed expedient, to take measures to carry that object into effect.


10th. To determine what documents, if any, shall for the future be printed for distribution each year previous to the Annual Town Meeting, and to make an appropriation for the expense of printing such as may be printed the present year.


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


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


Given under our hands and seals this eighteenth day of February, Anno Domini One Thousand Eight Hundred and Forty-Seven.


MARSHAL STEARNS, Selectmen


JAMES BARTLETT, of


H. M. SANBORN, Brookline.


NORFOLK, SS.


BROOKLINE, Feb. 27th, 1847.


By virtue of the within warrant, I have notified the within named persons by leaving a printed notice at the dwelling places of the same to meet at the time and place for the purposes within mentioned.


ELISHA STONE, Constable.


A true copy of the warrant & return.


See file E, No. 1.


Attest :


ARTEMAS NEWELL, Town Clerk.


In pursuance of the foregoing warrant, the Inhabitants of the Town of Brookline assembled at the Town Hall on Mon- day, the first day of March, 1847.


The meeting was organized by the choice of Marshal Stearns, Moderator.


Artemas Newell was elected Town Clerk, and was imme- diately sworn to the faithful discharge of the duty, by the Moderator.


Prayers were offered by the Rev. Doct. John Pierce.


219


Annual Meeting, March 1, 1847.


The report of the Treasurer & Auditing committee was read by the chairman of the committee, Doct. Charles Wild, who made some remarks, showing the importance of receiv- ing and (acting upon) & disposing of all reports of commit- tees bearing upon the performance of duties by town officers before proceeding to the choice of such officers ; it was there- upon, on motion of Dr. Wild-


Voted, unanimously, That all the reports of Committees bearing upon the performance of duties by Town Officers, be first received & disposed of before proceeding to the choice of such officers.


Voted, To accept the reports of Treasurer and Auditing Committee, which will be found entered with these records on page [221], also on file E, No. 2 & 3.


William I. Bowditch, Esq., on behalf of the School Com- mittee, made a report of the condition of the Schools, &c. On file E, No. 4.


On motion of George Griggs, Esq., it was-


Voted, To accept the report of the School Committee, and that Three Hundred Copies be printed for distribution in this town.


Mr. Augustus Aspinwall, in behalf of the Cemetery Com- mittee, made a Report, which was accepted and placed on file E, where it may be found, and entered with these records on page [223]. No. 5, file E.


Marshal Stearns, Esq., in behalf of the board of Select- men, reported in relation to the proceedings in regard to Rail Roads, State of Guide Boards, &c., which report was accepted & placed on file E, and will be found recorded with these records on page [222]. No. 6, file E.


Voted, To proceed to the choice of three Selectmen to serve for the year ensuing.


Which resulted, after Four several trials, in the choice of


Willard A. Humphrey was chosen, but excused from serving, by vote.


James Bartlett,


Selectmen & overseers of


Daniel Sanderson,


Hugh M. Sanborn, the poor.


220


Brookline Town Records.


Voted, To choose three Assessors.


Made choice of


Charles Stearns, Jun.,


Thomas Griggs, Assessors.


Royal McIntosh, 1st,


Voted, That the Treasurer shall be collector of Taxes for the ensuing year.


Proceeded to ballot for Treasurer.


Artemas Newell was chosen Treasurer and Collector for the ensuing year. A. N. 74; T. Griggs 49-123.


Before proceeding to ballot for School Committee, the Rev. Doct. Pierce addressed the meeting, declining to be again a candidate for re-election, remarking that he had already served the town in that capacity for fifty years, and he thought his share of that duty had been done ; and he con- sidered that the office, as an honor, should be shared, and as a burden, it should be divided; and he expressed it to be his most sincere desire that those who follow him may find, after they have served fifty years, the Schools as much improved from their present condition as they now are from the condition in which he found them fifty years ago.


On motion of William I. Bowditch, Esq., it was unani- mously-


Voted, That the thanks of this Town be presented to the Rev. Doct. Pierce for his faithful and efficient services as a member of the School Committee during the last fifty years. File E, No. 18.


The balloting for School Committee resulted in the choice of-


Rev'd William H. Shailer,


Mr. Samuel Philbrick, School


William I. Bowditch, Esq., George F. Homer, Esq., Rev'd Joseph Haven, Jun'r, J


Committee.


It was-


Voted, That when this meeting adjourn, it shall adjourn to Monday next, at one o'clock in the afternoon, and that the adjournment take place immediately after the close of the polls for County Treasurer.


221


Annual Meeting, March 1, 1847.


The Polls were opened for County Treasurer, and Sixty- Seven Votes were cast, all for John Bullard, Esquire.


TREASURER'S REPORT.


In conformity with the laws of the Commonwealth requiring Treas- urers of Towns to make annual report of their receipts and payments, and other official acts, the Treasurer would now report :


The balance of Cash on hand at last report was $1074 04 There has been received into the Treasury from Taxes and


sundry resources during the year 8761 10


Total resources for the year $9835 14


From which has been paid by orders of the Selectmen, School


Committee, votes of the Town, and for County Taxes . 9020 56


Leaving a balance in the Treasury of $814 58


A detailed account of the receipts and payments will be found on refer- ring to the Auditors' printed report.


The amount of the debts due from the Town, including the interest computed to the first day of February, is Two Thousand One Hundred & Fifty-Six dollars & Forty-Three cents, and is due to Mr. Benjamin Goddard & to Mr. John Goodnow.


At the last annual Meeting, the Treasurer was directed to effect insur- ance on the Town House, at the Norfolk Mutual Insurance office, for the sum of Four Thousand Dollars, "provided it could be legally done." After ascertaining that it was not unusual for towns to insure their buildings at Mutual offices, that several Towns in this County had their public buildings insured at the same office, and after obtaining the opinion of a gentleman learned in the law, it was deemed by the Treas- urer that there was sufficient presumptive evidence of its legality to warrant the insurance being effected, which was accordingly done for the Term of Seven years, from the first day of April, 1846, to the first day of April, 1853, at a premium of one and a half per cent.


All of which is respectfully submitted,


ARTEMAS NEWELL, Treasurer.


BROOKLINE, March 1, 1847.


The Auditors' report was printed and distributed over the Town, containing a detailed account of the receipts and expenditures of the Town during the past year, as shown by the Treasurer's books, & showing the same result as the Treasurer's report, and will be found on file E, No. 3.


Attest : A. NEWELL, Town Clerk.


222


Brookline Town Records.


REPORT OF SELECTMEN.


The undersigned, Selectmen, having been instructed at the last annual meeting to carry into effect certain votes of the Town in relation to. digging wells for some of the School Houses, planting Trees, &c., also at the Special Town Meeting in September last to apply to the County Commissioners to decide upon the reasonableness of a request which had been made to the Boston & Worcester Rail Road Corporation to erect a gate, &c., across the Mill Dam road, have attended to those duties & would now beg leave to report.


There has been one well dug at the Northi Primary School in School Street, one at the Town House, and one at the Middle District School House in Heath Street, and each provided with a good pump, and they will undoubtedly supply an abundance of good, pure water. The amount expended for that object is $233.44; the appropriation for the same was $300. The Selectmen would recommend that the same kind of accommodations be provided during the coming summer for the High School.


The Selectmen have caused to be planted as many forest Trees about the School House in School Street as was deemed expedient, until more of the gravel had been removed.


Pursuant to their instructions in relation to the Railroad Gate, &c., the Selectmen made application to the County Commissioners, who, after due notice, gave the parties a hearing, at which it was shown by abund- ant testimony which was introduced on the part of the Town, that the request was not only reasonable, but that the public safety rendered it imperative upon the corporation to make some further provision for the security of travelers over said road. After the hearing before the Commissioners, a proposition was made by the railroad corporation, through their agent, to substitute a man with a Flag, instead of a gate, which proposition, after consulting & advising with several gentlemen who travel over the road, and who were interested in the result, was acceded to by the Selectmen, with the understanding, however, that the Corporation should pay all the expenses of the application and hearing, and that if it was desired by the Town or Selectmen hereafter, that the Commissioners would decide as they signified their intention, in favor of the request of the Selectmen, and that a gate with an agent to open & close it, should be established at the point in question. Agreeably to the proposition of the Corporation, a man was subsequently stationed at the crossing, whose duty it is to step out & wave his flag whenever an Engine passes over the road.


Agreeably to the laws of the Commonwealth requiring Selectmen to make an annual report of the state of the Guide Boards in the town, the Selectmen would now report that there are Guide Boards in all places in the town where it is necessary, and that they are all up & in good order. The Selectmen have caused to be erected two during the past year, agreeably to the vote of the Town at the last annual meeting, viz., one at the southerly part of the Town directing to Brighton, and one near the residence of Charles Stearns, directing to Cambridge.


All of which is respectfully submitted.


In behalf of the Selectmen,


BROOKLINE, March 1, 1847.


MARSHAL STEARNS, Chairman.


223


Annual Meeting, March 1, 1847.


CEMETERY COMMITTEE'S REPORT.


The Cemetery Committee of the Town of Brookline respectfully ask leave to report : That they have effected sales of seven lots for inter- ments, and a small parcel of land in front of Mr. Warren White's lot, during the year, leaving Sixteen Lots undisposed of, and land sufficient for eight or ten more.


The receipts of money since our last report have been Balance from last report


$185


81 22


Total .


$266 22


The disbursements for the same period


28


Leaving a balance in the Treasury of $238 22


From returns made by the sexton, it appears there have been twenty deaths within the Town during the year, of which number seventeen were interred in our cemetery.


All which is submitted by order of the Committee,


BROOKLINE, March 1, 1847. JESSE BIRD, Chairman.


The meeting adjourned to Monday next, the 8th day of March, at 1 o'clock P. M.


Attest : A. NEWELL, Town Clerk.


According to the laws of the Commonwealth, the Town Clerk forthwith issued his warrant to Constable Clapp, requiring him to notify all persons who had been elected to office, of whom an oath was required, to appear before said Clerk within Seven days and take the oath required to qualify them for the discharge of the duties of the offices to which they have been chosen respectively.


March 2, 1847. Warrant on file E, No. 8.


NORFOLK, SS.


MARCH 6, 1847. Then personally appeared James Bart- lett and Hugh M. Sanborn and took the oath required by law to qualify them for the discharge of their duties as Selectmen.


Attest : ARTEMAS NEWELL, Town Clerk.


NORFOLK, SS.


Then personally appeared the several persons hereafter named and took the oath required by law to qualify them for the discharge of the duties of the several offices to which


224


Brookline Town Records.


they have been chosen respectively, at the times as set against their names.


Mar. 9. Alex'r H. Clapp,


8. Elisha Stone, in Town Meeting, Do. 10. Samuel A. Walker,


Field Driver. Surveyor of Wood [&] Lumber.


12. J. Lyon, Charles Smith,


Surveyor of Highways.


66 Charles Smith,


Pound Keeper.


Hugh M. Sanborn,


Surveyor of Highways.


Selectman & Overseer of Poor.


Surveyor of Highways.


13. Simon W. Clifford,


Surveyor of Highways.


15. George W. Goldsmith,


Do.


16. Henry W. Carr,


17. Otis Withington,


18. James Bartlett,


Surveyor of Highways.


Field Driver.


66 John W. Warren,


22. Charles Stearns, Jun.,


66 Charles Stearns, Jun.,


23. Benj. Bradley,


Field Driver.


RECORD OF OATH ADMINISTERED TO TOWN OFFICERS.


NORFOLK, SS. April 3d, 1847.


Then personally appeared Artemas Newell, and made oath that he would truly & faithfully discharge the duties of the office of Town Treas -. urer for the year ensuing, and until another is chosen in his stead.


Before me, CHARLES WILD, Justice of the Peace.


Seth T. Thayer signified his acceptance to serve as a Fire Ward. March 10, 1847.


Attest : A. NEWELL, Town Clerk.


George Stoddard signified his acceptance to serve as a Fire Ward. March 18, 1847.


Attest : A. NEWELL, Town Clerk.


March 24. Simon Warren sworn as Highway Surveyor.


66 Simon Warren 66 " Field Driver.


31. Clark L. Haynes " Field Driver.


66 66 Clark L. Haynes 66 " Fence Viewer.


April 5. Elisha Stone 66 " Surveyor of Wood & Lumber.


A. H. Clapp


" Field Driver.


66 Thomas Griggs 66 " Assessor.


Caleb Clark 66


" Fence Viewer.


J. Davenport signified his acceptance to serve as a Fire Ward. April 5, 1847.


Attest : A. NEWELL, Town Clerk.


66 Daniel Sanderson,


Daniel Sanderson,


Constable.


Do. Field Driver.


19. George F. Homer,


Highway Surveyor. Do. Assessor.


225


Adjourned Annual Meeting, March 8, 1847.


. April 5. Franklin Tukey


sworn as Constable.


7. Charles D. Perry


10. Thadeus J. Townsend 66


66


66


13. Chauncy Woodward


Field Driver.


May 1. Charles Stearns, Jun. Assessor.


Thomas Griggs


66 Do.


Royal McIntosh


66 66 Do


ADJOURNED ANNUAL MEETING, 1847.


Pursuant to the adjournment on the first inst., the inhab- itants of the Town of Brookline assembled for the purpose of attending to the unfinished business of the town that might come legally before them.


The meeting was called to order by the Moderator, Mr. Marshal Stearns, and proceeded to the choice of such officers as were not chosen on the first inst.


The following persons were chosen Prudential Committee for the ensuing year, viz. :


George W. Stearns, Middle 66 Prudential


Simon W. Clifford, 66 South 66


committee.


Highway Surveyors were chosen as follows, to wit :


1. Charles Stearns, Jun., Harvard Street District.


2. James Bartlett, Washington “


3. Henry W. Carr, Walnut




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