Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 25

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 25


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were chosen Constables.


H. M. Sanborn, James M. Seamans,


Voted, To choose ten Field Drivers.


Samuel A. Walker, Henry Corey, Samuel Clark, Charles Warren, Mark W. Sheafe, Samuel Hills, George Craft, Simon Warren, William White, H. M. Sanborn, were chosen Field Drivers.


Elisha Stone, James M. Seamans, were chosen Surveyors of Wood & Lumber.


19


290


Brookline Town Records.


Doct. Charles Wild, Abijah W. Goddard, William I. Bowditch, were chosen a Committee for Auditing Town Ac- counts.


Charles Smith was chosen Pound Keeper.


The following named gentlemen were chosen Prudential School Committee :


David Coolidge for North District.


Warren White "' Middle


Simon W. Clifford " South


Article 5th, in relation to restraining dogs, came up for consideration, and was disposed of by the following vote :


Voted, That a committee of three be appointed to draw up a by-law providing for the licensing and taxing dogs and restraining them from going at large, and bring the same before the adjournment of this meeting.


Messrs. Samuel Philbrick, William I. Bowditch & James Bartlett were chosen to attend to that duty.


Voted, unanimously, That this meeting hereby express their thanks to Mr. William I. Bowditch for his valuable, efficient and faithful services as a member of the School Com- mittee.


Voted, That when this meeting adjourn, it adjourn to the 19th inst. (two weeks from to-day), at 3 o'clock in the after- noon.


Voted, To adjourn.


Attest : A. NEWELL, Town Clerk.


In conformity of the laws of the Commonwealth, the Town Clerk forthwith issued his warrant to Constable Clapp to summon the several persons who had been chosen to office, who were required to take an oath, to appear before said Clerk within seven days from the receipt of such sum- mons, and take the oath to qualify them for the discharge of the duties of the several offices to which they have been chosen, respectively.


291


Annual Meeting, March 5, 1849.


NORFOLK, SS.


Then personally appeared the 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 they have been chosen :


March 7. A. H. Clapp, as Constable. Sworn.


Augustus Allen signified his acceptance as Fireward.


66 Samuel Craft declined to serve as Selectman.


8. Seth T. Thayer signified his acceptance as Fireward.


9. Oliver Whyte signified his acceptance as Fireward.


66 Moses Withington sworn as Treasurer & Collector of Taxes.


Mark W. Sheafe declined to serve as Field Driver.


10. Henry Corey sworn as Field Driver.


Simon Warren 66 " Field Driver & Highway Surveyor.


12. Samuel Hills 66 " Field Driver & Highway Surveyor.


66 H. M. Sanborn " Field Driver, Highway Surveyor & Constable.


66 James M. Seamans


" Measurer of Wood & Lumber & Constable.


Franklin Tukey " Constable.


13. Warren White sworn to serve as Highway Surveyor.


66 Charles Warren sworn as Field Driver, declined to serve as Highway Surveyor.


66 Timothy Corey 66


" Highway Surveyor.


66 George Craft 66


" Highway Surveyor & Field Driver.


Then personally appeared the persons hereafter named and took the oath required by law to qualify them for the dis- charge of the duties of the several offices to which they have been chosen, respectively :


March 14. Elisha Stone sworn as Measurer of Wood & Lumber.


16. William White 66 " Highway Surveyor & Field Driver.


19. Samuel A. Walker " Field Driver.


66 Samuel Philbrick 66 " Highway Surveyor.


66 Marshal Stearns declined to serve as Selectman.


66 Charles Smith declined to serve as Pound Keeper.


22. James Bartlett sworn as Selectman & Overseer of the Poor, &c.


Jerathmael Davenport sworn as "


24. William Dearborn 66 66


John Houlihan


" Pound Keeper.


26. Samuel Townsend, Jun.


" Field Driver.


27. John Howe 66 " Surveyor of Highways.


April 3. Caleb Craft, Jun.


May


1. Charles Stearns, Jun., sworn as an Assessor.


66 Thomas Griggs Abijah W. Goddard 66


66 66 Sept.


66 66


3. Moses Jones


66 as Highway Surveyor.


292


Brookline Town Records.


ADJOURNED ANNUAL MEETING, 1849.


Pursuant to the adjournment, the Inhabitants of the Town assembled at the Town Hall on Monday, the 19th day of March, 1849, at 3 o'clock P. M.


The meeting was called to order by the Moderator, and the Sixth Article in the warrant was taken up in relation to dividing Newton Street Highway district.


Voted, That the district now called Newton Street district be divided into two districts, and that Newton Street from Newton line to Clyde Street be one district, to be called Newton Street district, and that Grove Street and South Street comprise one district, to be called Grove Street district.


Voted, That the subject of the 7th Article in the warrant, in relation to the line of Charles Pope, be refered to a com- mittee of three, who are to report at a future meeting of the Town.


Mess. Samuel Philbrick, Thomas Griggs, Joshua C. Clark, were chosen to attend to that duty.


Voted, To proceed to fill any vacancies which may exist in Town Officers.


Mess. Jerathmael Davenport & William Dearborn by ballot were chosen Selectmen in place of Marshal Stearns & Samuel Craft, who declined to serve.


Mess. Jesse Bird, Harrison Fay & Aug's. Aspinwall were chosen Cemetery Committee.


Caleb Craft, Jun., was chosen Highway Surveyor for Grove Street Highway district.


John Howe was chosen Highway Surveyor for Warren Street district, in place of Charles Warren, who declined to serve.


Samuel Townsend, Jun., was chosen Field Driver, in place of M. W. Sheafe, who declined to serve.


Marshal Stearns was chosen Fence Viewer.


John Houlihan was chosen Pound Keeper, in place of Charles Smith, who declined to serve.


293


Adjourned Annual Meeting, March 19, 1849.


Charles Stearns, Jun., was chosen Prudential School Com- mittee for North District, in place of David Coolidge, who declined to serve.


Voted, To take up the 8th Article in the warrant, in rela- tion to grants & appropriations.


Voted, That the sum of Eleven Thousand dollars be raised by taxes to be lawfully assessed, for defraying the expense of the Town the present year, to be appropriated to the several purposes named, according to the following esti- mates, to wit :


For the Support of the Poor


$1000


“ " Highways, including Grove Street district


1275


For County Tax


850


New Hose Carriage


60


Repairs of Engine, New Hose, &c.


500


Collecting Taxes


165


Abatement of Taxes


280


Town Officers


600


Repairs of buildings


200


Towards extinction of town debt


1200


Interest on Town debt


400


Contingencies. .


500


Mending Highways, &c., as pr. report of Committee


200


For extra repairs of Cypress Street


75


$11305


Deduct probable receipts from Commonwealth & other sources 305


Leaving the amount to be raised by Taxes


$11000


Voted, That no appropriation be made for the instruction of Musick in any of the Schools.


Voted, That the Treasurer & Collector be paid one & a half per cent commission for all money received for taxes by him, provided said commission does not exceed $200 for any one year. Also, to pay him Thirty Dolls. per annum for services as Treasurer.


The committee that was appointed at the last meeting to draw up a By-Law for restraining & regulating dogs, reported a By-Law, which was accepted with some amendment and recommitted to the same committee, who are to have the


" Schools ·


3500


Fire Department


500


294


Brookline Town Records.


same legally completed by submitting it to the Court of Common Pleas & publishing in a newspaper in the County. File E, 60}. The same will be found entered with these records, page [296].


Mr. Philbrick, in behalf of the committee that was ap- pointed in February last to examine and report in regard to widening Streets, &c., made the following report, to wit :


REPORT OF COMMITTEE ON WIDENING STREETS.


To the Town of Brookline, in Town meeting assembled :


The Committee appointed by the Town at their meeting in February last, to cause surveys to be made of such roads as in their judgment need widening, &c., ask leave to report: That the long continuance of cold weather, and snow on the roads, have hitherto prevented the required surveys, but your Committee have examined, as a preliminary step, most of the roads in the Town, and finding the places which most require widening to be on the County Roads, which properly come under the jurisdiction of the County Commissioners, have concluded, before pro- ceeding further in discharge of the duty assigned them, to submit the following reccommendations, to be adopted by the Town if approved :


Ist. That a Committee, to be appointed for that purpose, should forthwith petition the County Commissioners to widen the County roads in the following places, viz. : On the estate of Timothy Corey ; also, on the estate of S. A. Walker opposite the Hay scales, on the road called Washington Street; on the estates of Mrs. Thomas White & others, at the Eastern end of the road called Walnut Street; on lands owned by the First Parish, and Dr. Eustice & Ignatius Sargent & John E. Thayer & Wm. H. Cowen, all on the road called Warren Street; on sundry estates in different parts of the road called Clyde Street; on the estates of John Howe & others & D. Dowse on the road called Brighton Street.


2d. Your committee would also recommend that instructions be given to the Selectmen to lay out as a public Street the passageway now called Mechanic Place, on Harvard Street, and continue the same through to Washington Street, over the passage way bounding on the Estate of T. Leeds & over lands owned by Dr. Chas. Wild, John Gibbs, & the Town ; no part of which to be less than thirty feet in width, and when laid out to be graded so that no part of it shall be above the level of two feet below the sills of the Town House, before it shall be opened for public travel; and that the new street laid out the past year on the eastern side of the Town House, from Washington Street to Mechanic Place, be also graded to the above named level. And that School Street be widened so that no part shall be less than thirty feet in width.


3d. Your committee would further reccommend that an appropriation be now made of two hundred dollars for the following purposes, viz. : One hundred dollars to blast the rocks for widening the passage way and to raise the wall on the opposite side of Timothy Corey's land on Wash- ington Street. Fifty dollars to blast the rocks to widen the passageway


295


Adjourned Annual Meeting, March 19, 1849.


towards the bottom of the hill & to raise the valley below on Cottage Street by Isaac Cook's estate, and fifty dollars for blasting the rocks to widen the passage way on Walnut Street opposite the Office of George Griggs, Esq., & to open several bridges in said street. The above named sums to be paid by the Treasurer to the several highway surveyors, to be by them applied to the purposes above named.


4th. Your committee take the liberty of reccommending to the several highway surveyors now appointed, and to those which may be hereafter appointed to that office, the adoption and execution of the following improvements in grading the streets : That Harvard Street, opposite Mechanic Place, be lowered about two feet, and raised one foot or more opposite School Street. That School Street be lowered at the western end two feet or more, and raised one foot or more at the eastern end. That Washington Street be graded so as to crown in the middle, with a gutter for the water on the northern side all the way from Harvard Street to School Street, and that a bridge be laid across the street in the valley between the houses of Leeds & Hall, and that the street be lowered opposite Mrs. Tolman's estate one foot or more. That Clyde Street be lowered at the eastern commencement of the Spooner place.


All which is submitted,


BROOKLINE, 19th March, 1849.


SAMUEL PHILBRICK,


See file E, No. 61. Chairman of the Committee.


Voted, That the report of the committee be accepted, and that the reccommendations therein contained be adopted.


Voted, That the same committee who have just reported, to wit, Mess. Samuel Philbrick, Thomas Griggs, Daniel Sanderson, Charles Stearns, Jun'r, and Abijah W. Goddard, be a committee to petition to the County Commissioners forthwith to widen the county roads according to the rec- commendations in said report.


Voted, That the sum of Two Hundred dollars be appro- priated for the purposes reccommended in the foregoing report.


Voted, That the sum appropriated for highways be assessed in the same manner as all other taxes are assessed in this Town, and collected into the Treasury with other taxes, and that each Surveyor of Highways be allowed to draw from the Treasury the same proportion heretofore allowed the district over which he is appointed, whenever the Selectmen shall approve his bill.


Voted, That the sum of Seventy-five dollars be appropri- ated for Grove Street Highway district.


296


Brookline Town Records.


Voted, That the sum of Seventy-five dollars be appropri- ated in addition to the sum already allowed to Harvard Street district, for the improvement of Cypress Street.


Voted, That the Treasurer be authorized to borrow, when needed, a sum not exceeding three thousand dollars, in anticipation of the payment of taxes.


Voted, That the Selectmen be and are hereby instructed to prosecute all violations of the Licence Laws in the sale of intoxicating drinks. See file E, 62.


Adjourned.


Attest : A. NEWELL, Town Clerk. 1


BY-LAW OF THE TOWN OF BROOKLINE.


Adopted March 19, 1849. Approved by the Court of Common Pleas, April 26, 1849.


SECTION 1. From and after the first day of May, 1849, no person shall own, keep or harbor a dog in this town without taking out a licence, as herein provided, for each dog, under a penalty of ten dollars for every dog he shall so own, keep or harbor without a licence.


SECTION 2. The Town Treasurer shall issue to any person a licence for the purposes mentioned in the first section, on receiving payment of two dollars. He shall keep a record of all licences issued, and they shall expire on the thirtieth day of April in each year.


SECTION 3. In case any dog shall be found in this town out of the enclosure of its owner, keeper or harborer, without having a collar on, with the owner's, keeper's or harborer's name and place of residence legibly marked thereon, the owner, keeper, or harborer of such dog shall forfeit and pay ten dollars for every time that such dog is found at large from the enclosure of the owner or keeper without a collar.


SECTION 4. The individual who shall first inform the Treasurer of the name of any person who has not complied with, or has incurred any liability under any of the provisions of this By-law, shall be entitled to the bounty of one dollar therefor, the same to be payable on conviction of the delinquent. It shall be the duty of the Treasurer to prosecute forthwith every infraction' of this By-Law which shall come to his knowledge, or of which he shall be informed.


SECTION 5. This By-Law shall not extend to any dog not owned or kept in this Town.


A true copy.


Attest : A. NEWELL, Town Clerk.


297


Military Roll, 1849.


Military Roll for 1849.


Isaac Dearborn David S. Coolidge Simon Pomroy William Ryder Joseph Allen Francis Coolidge Charles Whittemore


Luther Stone


Stephen R. Griggs


Harvey James


Edward R. Secomb


J. Anson Guild


Augustus Griggs Isaac Taylor


N. W. Brackett


Joseph Pond


Charles Mellen


Roscoe Greene Benj. W. Clark


Henry A. Mellen


Charles W. Scudder


James Hinkley


Edward Eddy John N. Turner


James Coolidge


Benj. P. White


Charles O. Howe


A. J. Harrington John B. Libby


A. W. Seamans


Henry W. Jameson Thomas H. Bacon


Willard Jackson Charles Coolidge


James Morse


E. A. Dana


N. G. Chapin Charles Berry Oliver Cousens


James Dyer


Charles Pope


B. F. Baker


Benj. W. Hobart Crighton Ruggles


Henry W. Stone


J. W. Jones D. H. Rogers


Ransom N. Weld


John H. Dane Chas. F. Harrington


Thomas Seaverns George Stoddard


James Edmond LaFayette Thayer W. I. Butler


Thomas H. Russell Nath'l Lyford Jonathan D. Long Ivory Ross Beware Littlefield


John E. Fawcett


Reuben Wymall


Oliver G. Pray


W. W. Clement


John Gustin Thomas Walton John W. Bowers


Daniel Jennings Charles Howe F. Henry Corey John E. Porter Enoch S. Reed


Joshua A. Little Charles True


Geo. W. Butters A. Jackson Thomas Miley John Park


Williamn Pandexter George T. Bartlett Amos Whittemore


Oliver B. Delano Elkana Foss Daniel Staples Henry P. Martin Thomas Gordon


Nathaniel Sawyer Thomas Andrews John Hunt Alfred Kenrick, Jun'r, Adraniram Taylor John Weld William Hardy


Woodbury Kenister Charles W. Porter Timothy Corey Jeremiah Schoff Calvin D. Crawford M. C. Warren


W. B. Blake


Daniel Miller John Webb Samuel Ellis


Marshal Glazier Warren Hyde George Hill Samuel Clark


William S. Andrews George W. Patten William Leonard Benj. N. Jewett


Woodbury Mosher


John A. Bird H. Bradbury David Milk


Thomas C. Pettingill Amos Fairbanks Willard S. Brewer


William White John Foster Seth Hoyt J. E. Cabot Walter Cabot


Oliver Whyte


Geo. W. Atkinson


E. F. Cotting Levi Barnard


Stephen P. Allen


Geo. S. Cushing


Charles L. Palmer


Omar Binney


Sylvester Kimball


Charles Bartlett


James Bradford Peter W. Pierce


James M. Edwards


Horace Waters


Plina E. Kingman


Hazen Brodbury


C. B. Dana


Abijah C. Stone


James M. Seamans


William Pope


Winslow Chapin


298


Brookline Town Records.


Daniel A. Oliver


Russel I. Bean


John Howe, Jun.


Henry W. Carr


Abel Miliken


Frank E. Howe


Emerson Leland


Charles Bean


Charles Warren


Eben'r Frost


Charles Smith


Jonathan Sias


Edward Atkinson E. D. Sanderson


Charles D. Head


George Atkinson


E. T. Penniman


George J. Perry


William P. Atkinson


M. B. Williams


Edward


Horace Cousens


Eben Reed


Charles French


Patrick Dillon


Lorenzo Willis


S. G. Snelling


George Griggs


Nath'l Wentworth


Samuel Eliot


A. H. Newell


Simon Warren


James D. Cheever


D. S. Kendall


John W. Warren


Franklin Bean


Wm. W. Cook


J. S. Warren


Ivory Wales


John O. Libby


Samuel Townsend, Jun. William Wales


Robert Miles, Jun.


Thomas Townsend


Thomas Parsons


Augustine Shurtleff


Daniel S. Sanderson


William G. Weld


A. H. Knight


John H. Henshaw


Hiram R. Waldron


George Hancock


Joseph L. White Ira Bean


George Rogers


William J. Hyde


Henry E. Hunting


Stephen Wing


Samuel Hills, Jun.


Soloman Slack


Chas. G. Colbath


Simon W. Clifford


George Craft


Charles Craft


George W. Goodnough Isaiah Caverly


Joseph Gutterson


Thomas B. Cowen


Whole number 214-returned to the Adjutant-General May 29, 1840.


Attest : A. NEWELL, Town Clerk.


SPECIAL TOWN MEETING, JULY 2D, 1849.


WARRANT.


COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS.


To the Constable of the Town of Brookline,


GREETING :


In the name of the Commonwealth of Massachusetts, you are hereby 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 Monday, the second day of July next, at four o'clock in the afternoon, for the following purposes, to wit :


1. To choose a Moderator.


2. To consider the propriety of offering a large reward for the detec- tion of the incendiary or incendiaries who caused the destruction of


Drew Waldron, 1.


Rufus Goodwin


299


Special Meeting, July 2, 1849.


the stable of Thos. H. Perkins, Jun., on the 23d inst., and attempted at sundry other times to set on fire buildings in this Town; and to take such other precautionary measures as may be deemed advisable.


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


Given under our hands & seals this Twenty-eighth day of June, A. D. 1849.


JAMES BARTLETT. Seal.


J. DAVENPORT. Seal.


WILLIAM DEARBORN. Seal.


By virtue of this warrant, I have this day notified each voter to meet at the within mentioned time and place by leaving a printed notification at his last and usual place of abode.


FRANKLIN TUKEY, Constable of Brookline.


BROOKLINE, June 30th, 1849.


A true copy.


Attest : A. NEWELL, Town Clerk.


In pursuance of the foregoing warrant, the Inhabitants of the Town of Brookline met at the Town Hall on Monday, the 2d day of July, at 4 o'clock in the afternoon.


The meeting was called to order, and Augustus Aspinwall, Esq., was chosen Moderator.


The second article in the warrant came up for considera- tion, and after a lengthy discussion the following votes were passed :


Voted, unanimously, That the Selectmen be authorized to offer a reward of one thousand dollars to be paid to any person or persons who shall give such information as will lead to the detection and conviction of any person or per- sons who has or who shall designedly set fire to any dwelling house or barn in this town during the year 1849.


Voted, That the further sum of one thousand dollars be placed at the disposal of the Selectmen, with authority to expend the same in such manner as they in their judgment shall consider as most likely to lead to the detection of any person or persons who has or who shall designedly set fire to any building, or who has, or who shall, commit any bur- glary in this Town during the year 1849.


Voted, To dissolve the meeting.


Attest : A. NEWELL, Town Clerk.


300


Brookline Town Records.


SPECIAL MEETING, SEPT. 10TH, 1849. COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS. To the Constables of the Town of Brookline :


You are required, in the name of the Commonwealth of Massachusetts, to notify and warn the inhabitants of the Town of Brookline qualified to vote in town affairs, to meet at the Town Hall on Monday, the tenth day of September next, at two o'clock in the afternoon, for the following purposes, to wit :


1. To choose a Moderator.


2. To act upon an order of notice from the County Commissioners, upon the petition of George Griggs and others for a public road in the Town of Brookline, from the end of the Mill Dam Road to Brighton Street, or to the line of the Town of Brighton near the house of Joseph White in Brookline.


3. To see if the Town will make an appropriation for draining Wash- ington Street near Harvard Church.


4. To see if the Town will refund the taxes and fines which have been received into the Treasury consequent upon the Dog Law, and pay the expenses which may have accrued in compelling payment of Taxes and Fines on account of said law.


5. To see if the Town will make any modification or alteration in the Dog-law.


6. To see whether the Town will appropriate one hundred dollars towards the support of an evening School for adults during the ensuing Winter.


7. To see if the Town will purchase a piece of land to enlarge the cemetery.


8. To see if the Town will adopt any different plan of keeping the Highway in repair.


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


Given under our hands this twenty-fifth day of August, A. D. 1849.


JAMES BARTLETT, Selectmen of J. DAVENPORT, Brookline.


301


Special Meeting, September 10, 1849.


NORFOLK, SS.


BROOKLINE, September 4th, 1849.


By virtue of this warrant, I have notified all the legal voters of the Town of Brookline to meet at the Town Hall in Brookline at the time and place and purpose herein mentioned, by leaving a printed notice at their last and usual place of abode in said Brookline.


A. H. CLAPP, Constable of Brookline. Attest : A. NEWELL, Town Clerk. A true copy.


In pursuance of the foregoing warrant, the Inhabitants of the Town of Brookline assembled at the Town Hall on this 10th day of September, 1849.


William I. Bowditch, Esq., was chosen Moderator.


The Second Article in the warrant, in relation to the new road, came up for consideration, and after a protracted dis- cussion was disposed of by the following vote, which was passed by a very large majority :


Voted, That a committee of five persons be now appointed to meet the county commissioners and to remonstrate, on behalf of the inhabitants of this Town, against the petition of George Griggs and others for a public road to be laid out from the northern end of the Mill dam road westerly through this Town to Brighton line, with instructions to use every lawful and proper means, and employ counsel if they deem it necessary, to prevent the granting of said petition.


Voted, That said committee be appointed by the chair.


Mess. Samuel Philbrick, Samuel Craft, Geo. F. Homer, J. Davenport, Artemas Newell, were appointed by the chairman.


The third article came up for consideration, and it was


Voted, That the subject of draining Washington Street, contained in the third article of the warrant, be refered to the Selectmen, with full power to make the proposed drain, provided they shall deem it expedient and necessary.


Voted, That the sum of fifty dollars be granted for that purpose.


Article fourth, in relating to refunding fines & taxes received into the Treasury on account of the dog law, was debated at some length, and it was-


Voted, That the Town do not refund said Taxes & fines.


302


Brookline Town Records.


Voted, That the Selectmen be authorized to pay the expenses that have accrued in compelling payment of taxes & fines on account of said Dog Law.


Article 5th, in relation to altering the Dog Law :


Voted, That a committee of three be appointed by the chair, to report at this meeting such alteration as they shall deem expedient.




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