Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 26

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 26


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Mess. Geo. F. Homer, Wm. Aspinwall & S. Philbrick were appointed.


The committee forthwith retired, and made certain altera- tions & additions to the law, which they reported, and the same were adopted by the Town.


The law, as now amended, reads as follows :


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


SECTION 2. The Town Treasurer shall issue to any person a license for the purposes mentioned in the first section, on receiving payment of two dollars. He shall keep a record of all licenses 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 or keeper without having a collar on, with the owner's or keeper's name and place of residence legibly marked thereon, the owner or keeper 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 who 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 convic- tion of the delinquent. It shall be the duty of the Treasurer to prose- cute 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 the Town.


SECTION 6. All fines recovered under this By-Law shall be paid to the Treasurer of said Town to the use of said Town.


Article 6th in the warrant came up for consideration, and it was-


Voted, That a sum of money not exceeding one hundred dollars be taken from the appropriation for contingencies,


303


Special Meeting, September 10, 1849.


and appropriated toward the support of a school for adults during the ensuing winter.


Article 7. In relation to enlarging the Cemetery, it was


Voted, That the subject of enlarging our present cemetery be referred to a committee, with instructions to examine the adjoining land, also any other parcels of land which they may deem suitable for a cemetery, ascertain the prices required for each, and to report the result of their inquiries to a future meeting of this Town, with their opinions with respect to the most suitable location, having regard to the price and cost of preparation. Also the quantity of land which they may think advisable for the Town to purchase for the enlargement of the present Cemetery or for the con- struction of another.


Voted, That said committee consist of five, and that the present cemetery committee constitute three of said com- mittee, and that two other persons be appointed by the Mod- erator.


The Moderator appointed Mess. Samuel Philbrick & Thomas Griggs, which, with the Cemetery committee, stands thus : Samuel Philbrick, Thomas Griggs, Jesse Bird, Harri- son Fay, Augustus Aspinwall.


On motion of Mr. Philbrick, the 8th article in the war- rant was disposed of by the following vote :


Voted, That the subject contained in the 8th article of the warrant, concerning the adoption of some different plan for repairing our public roads, or streets, be referred to a com- mittee of five persons, with instructions to report the result of their deliberations at a future meeting.


Voted, That said committee be chosen by nomination.


Samuel Philbrick, James Robinson, Thomas Griggs, Daniel Sanderson, Abijah W. Goddard, were chosen as the com- mittee.


The meeting was then dissolved.


Attest : A. NEWELL, Town Clerk.


304


Brookline Town Records.


DIRECTION BY SELECTMEN IN REGARD TO THE LOCATION OF POSTS, &C., OF THE BOSTON & VERMONT TELEGRAPH COMPANY.


COUNTY OF NORFOLK, } In conformity with the provisions of the Stat-


BROOKLINE, SS. J utes of 1849, chapter 93, concerning Electric Telegraph Companies, the Selectmen of Brookline hereby give to the Boston & Vermont Telegraph company, whose line is to pass through said Town of Brookline, their writing specifying where the posts are to be located, the kind of posts to be used, the height at which and the places where the wires may be run, To wit: The posts are to be located on the westerly side of Harvard Street from Brighton line to the junction of Sewall's Avenue with said Harvard Street ; thence crossing said Street, the posts are to be located on the easterly side of said Harvard Street, and following through said Harvard Street and Washington Street on the same side through the village to Roxbury line. The posts are to be good, substantial, straight, chestnut, cedar or spruce posts, of a large size for the place they occupy, to be trimmed and made free from knots. The wire to be placed at an elevation, on an average, of not less than twenty-two feet from the ground, to be so placed as not to interfere with the trees, growing on the sides of the streets, more than is abso- lutely necessary. The Selectmen reserving to themselves to direct such alterations in the location of said posts, wires, &c., as may be desired hereafter as provided in said act.


Given under our hands at said Brookline this eleventh day of September, A. D. 1849.


JAMES BARTLETT,


J. DAVENPORT,


Selectmen


WM. DEARBORN,


of Brookline.


A true copy, Attest : Rec'd and entered Sept. 11, 1849. A. NEWELL, Town Clerk.


NOVEMBER ELECTION, 1849.


SEAL. I


SEAL.


COMMONWEALTH OF MASSACHUSETTS.


SEAL. ]


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


In the name of the Commonwealth of Massachusetts, you are hereby 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 twelfth day of


305


General Election, November 12, 1849.


November next, it being the second Monday in said month, at one o'clock in the afternoon, at which time and place the polls will be opened :


First. To determine whether the Town will send a Representative to the next General Court.


Second. To bring in their votes to the Selectmen for the following officers, to wit: For Governor and Lieutenant-Governor of this Com- monwealth, for three Senators for Norfolk County and a Representative to the next General Court, if the Town determine to send one. The officers above named are to be all voted for on one ballot. The polls to be kept opon not less than two hours.


Hereof fail not, and make due return of this warrant with your doings thereon, at the time and place of said meeting. Given under our hands and seals this 30th day of October, 1849.


Signed, JAMES BARTLETT, J. DAVENPORT, WM. DEARBORN,


Selectmen of Brookline.


NORFOLK, SS.


BROOKLINE, Nov. 3, 1849.


In pursuance of the within warrant, I have notified the legal voters in the Town of Brookline by leaving a printed copy at the residence of each voter, to meet at the time and place within mentioned.


FRANKLIN TUKEY, Constable of Brookline.


A true copy. Attest : A. NEWELL, Town Clerk.


Agreeably to the foregoing warrant, the polls were opened by the Selectmen at one o'clock precisely, this 12th day of November, 1849, and were kept open by vote of the town until a quarter past five o'clock.


First, Voted to send a Representative to the next General Court.


The voting then commenced, and at a quarter past five o'clock the polls were closed, the votes sorted and counted by the Selectmen & Town Clerk, declaration of the result made by the Chairman of the Selectmen, the returns signed by the Selectmen and Town Clerk, and sealed up in open Town Meeting.


The check-list was used, and no person was permitted to put in his ballot until his name was found on the list. The


20


306


Brookline Town Records.


result of the ballotting, as declared by the presiding officer, is as follows :


Whole number of ballots given in for Governor of this Commonwealth is Two Hundred & Sixty-four (264). To wit :


George N. Briggs of Pittsfield has one hundred & Eighty-nine. (189) George S. Boutwell of Groton has Forty-five. (45) Stephen C. Philips of Salem has Thirty. (30)


Whole number of ballots given in for Lieutenant-Governor is Two Hun- dred & Sixty-three (263). To wit :


John Reed of Yarmouth has one hundred & eighty-eight. (188) Henry W. Cushman of Bernardstown has Forty-five. (45) John Mills of Springfield has Thirty. (30)


Whole number of ballots given in for Senators for Norfolk County is Two Hundred & Sixty (260). To wit :


Lewis Harding of Franklin has one hundred & eighty-seven. (187) Marshal P. Wilder of Dorchester has one hundred & eighty-six. (186) Lysander Richards " Quincy one hundred & eighty-six. (186) Charles F. Adams of Quincy has Seventy-three. (73)


Ezra Wilkinson of Dedham 66 Seventy-one. (71)


Milton M. Fisher " Medway Seventy-two. (72)


E. K. Whittaker of Needham " one. (1)


Whole number of ballots given in for Representative to the next General Court is Two Hundred & Sixty. Necessary for a choice one hundred & Thirty-one. To wit :


James Bartlett has forty-six. (46)


Augustus Aspinwall " Thirty. (30)


J. Davenport Two. (2)


Charles Heath


one. (1)


Thomas Griggs 66 one. (1)


Marshal Stearns one hundred & eighty (180), and was declared to be duly elected to represent the Town of Brookline in the Legislature of this Commonwealth to convene on the first Wednesday of Jan- uary next.


The foregoing is a true and correct transcript of the pro- ceedings of the Town of Brookline at the General Election for the year 1849.


Attest : A. NEWELL, Town Clerk.


1


307


Brookline and Brighton Boundary.


BOUNDARY LINES BETWEEN BROOKLINE & BRIGHTON.


PERAMBULATED Nov. 15, 1849.


Agreeably to notice in writing given on the 3d inst. to the Selectmen of Brighton by the Selectmen of Brookline (the most ancient of the two towns,) to meet on the fifteenth day of November, A. D. 1849, at two o'clock in the afternoon, to perambulate the boundary lines and renew the marks and bounds where necessary between said towns, the sub- scribers, selectmen of said towns of Brookline & Brighton, met at the time and place designated in said notice, and proceeded to perambulate the lines and to establish and agree upon the bounds and monuments, to wit :-


First-Beginning at "Smelt Brook" where it empties into Charles River (the centre of said River immediately opposite said Brook is the line between the two Towns), thence following said Brook to where the original stream crossed the Western Avenue.


Second-Thence from the point at said Avenue through the swamp and water to a stone monument marked B.B. by the edge of the swamp.


Third-Thence in a straight line from the last named monument to a stone monument marked B.B. standing on the southerly side of the county road, called in Brookline, Harvard Street.


Fourth-Thence to a stone marked B. set in the ground of Isaac Dear- born, opposite the land now or late of the heirs of Jonathan Livermore, thence continuing the same course to a stone monument marked B.B. standing on the easterly side of the road called Washington Street, at the corner of the land of said heirs of Jonathan Livermore, said last described line from Harvard Street to Washington Street being a straight line.


Fifth-Thence to a stone monument marked B.B. set in the wall at the corner of the land of James Dana & Timothy Corey, thence continuing in the same course to a stone monument marked B.B. standing on the westerly side of the county road nearly opposite the house of Joseph White, said last described line being a straight line from the monument on Washington Street to the monument in the road near Mr. White's.


Sixth-Thence to a stone monument standing in the meadow land of John Kingsbury marked N.B.B., which monument forms the corner bounds between Newton, Brighton & Brookline.


JAMES BARTLETT, J. DAVENPORT,


Selectmen


of


WM. DEARBORN,


Brookline.


A. NEWELL, Town Clerk of Brookline. REUBEN HUNTING, ) Selectmen of JOHN GORDON, Brighton.


Attest : A. NEWELL, Town Clerk.


A true copy.


308


Brookline Town Records.


PERAMBULATION BETWEEN NEWTON & BROOKLINE.


We the undersigned, Selectmen of Newton & Brookline, hereby certify that we have this third day of November, A. D. 1849, perambulated the lines between said Towns, and find the several bounds and monuments as follows, viz. :-


1st. A stone monument marked R.B.N. near the westerly edge of Troublesome Swamp (so called), which forms the corner bounds between Roxbury, Newton and Brookline.


2d. Thence to an Iron monument on a large rock in Caleb Crafts' pas- ture, marked N.B.


3d. Thence to a stone monument marked N.B. on the northerly side of the road near and westerly of the saw-mill.


4th. Thence to a stone monument marked N.B. in Stake Meadow (so called), which monument makes a corner.


5th. Thence to a stone marked N.B. on the corner of the wall near Stake Meadow.


6th. Thence to a stone marked N.B. in the wall by land of Capt. Clark's.


7th. Thence to a stone monument marked N.B. on the northerly side of the road near where formerly stood the house of A. Hyde.


8th. Thence to a stone monument marked N.B. on the southerly side of Worcester Turnpike.


9th. Thence to a stone monument marked N.B. on the westerly side of the road by land of Daniel Kingsbury.


10th. Thence to an abutment stone marked N.B. at the end of a wall on land of the heirs of Joseph Lee.


11th. Thence to a stone monument marked N.B. in a Swail.


12th. Thence to a stone marked N.B. on the end of a wall.


13th. Thence to a stone marked N.B. on the wall at the end of a lane. 14th. Thence to stone monument marked N.B.B. in land of John Kingsbury, which forms the corner bounds between Newton, Brookline and Brighton.


All of which bounds and monuments we have agreed to.


JAMES BARTLETT,


Selectmen ISAAC HAGAR,


WILLIAM DEARBORN, Brookline. NATHAN CRAFTS,


A. NEWELL,


BENJ. W. KINGSBURY,


Town Clerk of Brookline. EPHRAIM GROVER,


J. DAVENPORT, } of STEPHEN W. TROWBRIDGE,


Selectmen of Newton.


Newton Incorporated 1691. Brookline Incorporated 1705.


Attest : A. NEWELL, Town Clerk. . A true copy.


309


Annual Meeting, March 4, 1850.


ANNUAL MEETING, MARCH 4TH, 1850.


WARRANT.


COMMONWEALTH OF MASSACHUSETTS.


SEAL. SEAL.] BEAL. NORFOLK, SS. 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 to meet at the Town Hall in said Town on Monday, the fourth day of March next, at one o'clock in the afternoon, for the following purposes, to wit :


1st. To choose a Moderator.


2. " choose the necessary Town Officers for the ensuing year, and determine the compensation of the Town Treasurer and Collector of Taxes.


3. To hear and act upon the Reports of Town officers and committees.


4. To bring in their votes for County Treasurer.


5. To see if the Town will make an appropriation for the purpose of reducing the hill in South Street, near the Roxbury line.


6. To see if the Town will accept as a public highway a portion of Goddard avenue and that part of Avon Street which lies in Brookline.


7. To hear and act upon a Report of the Selectmen setting forth the boundaries and admeasurements of the widening of School Street and the laying out as public highways the Avenue called Mechanic Place, and a new street leading from Washington Street to School Street west of the Town House.


8th. To grant and appropriate such sums of money as may be neces- sary to meet the expenditures of the Town the current year and to pay off a portion of the public debt.


9th. To see if the Town will reconsider the vote passed September 10, 1849, in regard to laying out a new road from the end of the Mill Dam to Boylston Street or the line of the Town of Brighton near the house of Joseph White.


10. To see what action, if any, the Town will take respecting the order of notice from the County Commissioners respecting said road.


11. To see if the Town will grant any and what sum of money for the purpose of building said road.


12. To act upon an order of notice from the Legislature upon the petition of Geo. F. Homer and others that all that part of the City of Roxbury lying North of Brookline Branch of the Mill Dam, with the inhabitants thereof, may be set off from the City of Roxbury and annexed to the Town of Brookline.


310


Brookline Town Records.


Hereof fail not, and make return of this warrant with your doings thereon, at the time and place of said meeting. Given under our hands and seals, at Brookline, this twenty- third day of February, A. D. One Thousand Eight Hun- dred & fifty.


JAMES BARTLETT, Selectmen J. DAVENPORT,


WILLIAM DEARBORN, Brookline. of


NORFOLK, SS. BROOKLINE, Feb. 28th, 1850. In pursuance of the within warrant, I have notified the inhabitants of said Town to meet at the time and place and for the purposes therein expressed, by leaving a printed notification at the residence of each voter.


H. M. SANBORN, Constable of Brookline.


A true copy. Attest : WILL. ASPINWALL, Town Clerk.


BROOKLINE, March 4, 1850.


In pursuance of the foregoing warrant, the inhabitants of the Town of Brookline assembled at the Town Hall this day at one o'clock in the afternoon. The meeting was called to order by Artemas Newell, Esq., the Town Clerk, who read the warrant, and. presided during the election of a Moder- ator by written ballots ; the balloting resulted in the choice of William I. Bowditch, Moderator, who again called the meeting to order, and directed all present to listen to the prayer by the Rev. William H. Shailer.


The meeting proceeded to choose a Town Clerk for the ensuing year by written ballots.


William Aspinwall was chosen Town Clerk.


The Town Clerk was sworn by the Moderator to the faith- ful discharge of the duties of the office.


Voted, To pass over the second article in the warrant and proceed to the third, and hear and act upon the Reports of Town Officers and Committees.


Mr. James Bartlett, in behalf of the Selectmen, presented and read a report of the places where Guide posts and Boards are erected and maintained by the Town, which will be found on file F, No. 2.


The Report was accepted and is recorded in these Records page [319].


311


Annual Meeting, March 4, 1850.


Doctor Charles Wild, in behalf of the Auditing Commit- tee, made a report, which had already been printed and distributed throughout the Town, and a copy of which will be found on File F, No. 3. The Report was accepted.


Mr. Moses Withington presented the Report of the Town Treasurer and Collector of Taxes, of the Receipts and Expenditures during the past year and of the balance on hand, as follows :


TREASURER'S REPORT.


RECEIPTS :- From Commonwealth for support of Paupers, $192.82; from Bank of Brighton, loan in anticipation of taxes, $2500.00, less by interest, $66.25-2433.75; from George F. Homer, Esq., income from School fund, $69.28; from seventy-two dog licenses, $144.00; from John J. Clarke, the fine imposed on Samuel Goddard for keeping a dog without a license, $10.00; from City of Boston, for repairs of Boylston Street, $300.00; from sundry persons, for use of Town Hall, $78.50; from Epis- copal Society, for use of Town Hall to Feb. 1, 1850, $67.00 ; from Thomas Dillon, for Pedlar's license, $6.00; from A. W. & J. M. Seamans, pro- ceeds of Hay scales one year, $102.55; from A. Newell, sale of Town Maps, $4.00; from interest on sundry taxes, $12.91 ; from Taxes assessed for the year 1849, $11762.70, less by amount of abatements $189.00, tax not paid $241.50=$11332.20=$14753.01; deduct payment to Bank of Brighton of loan, $2500.00, leaves the available funds $12253.01. EXPENDITURES :- Whole amount to Feb. 21, 1850, $10977.42 ; whole amount received, $12253.01; whole amount expended, $10977.42; leaving balance in the hands of the Treasurer, $1275.59-$12253.01.


Respectfully submitted, BROOKLINE, Feb. 21, 1850. MOSES WITHINGTON, Treasurer.


This Report was accepted, and is on File F, No. 4.


Mr. Jesse Bird, in behalf of the Cemetery Committee, pre- sented their report, as follows : It is on File F, No. 5.


REPORT OF CEMETERY COMMITTEE.


The Cemetery Committee of the Town of Brookline respectfully ask leave to report : That the Receipts of money since the last Report have been


Balance from last report


$120 00 320 59


$440 59


Disbursements for same period


42 18


Leaving balance in Treasury of


$398 41


The number of lots now remaining unsold is Eight. From the returns made by the Sexton, it appears there were twenty-eight interments within the town, of which number eleven were brought from other towns. All of which is submitted. By order of the Committee,


BROOKLINE, Mar. 4th, 1850.


JESSE BIRD.


This report was accepted.


312


Brookline Town Records.


Voted, That the funds in the hands of the Cemetery Com- mittee be paid into the Treasury of the Town, and that the Committee be authorized to make the annual improvements in the grounds, and draw upon the Treasury for the funds to meet such expenditures, and that hereafter the proceeds from the sales of all Cemetery lots shall be paid into the Treasury, so that for the future the Auditors' Report will show the receipts and expenditures for that object.


Mr. Samuel Philbrick presented the Report of the Com- mittee appointed at the last annual meeting with instructions to present a petition, on behalf of the Town, to the County Commissioners for the County of Norfolk, requesting them to alter the public streets within the Town by widening them in various places. The Report was accepted.


Voted, That the report of the Committee on the subject of widening streets be accepted and adopted, and that the sum of Fourteen Hundred Dollars be hereby granted and appropriated for the purpose of blasting, grading and com- pleting for public travel all such parts of the streets in this town as have been altered or widened by the County Com- missioners the past year, and that said sum of Fourteen Hundred Dollars be assessed on the polls and estates of the resident and non-resident inhabitants, and collected in the same manner that all other Town expenses are assessed and collected ; and that the same be held by the Treasurer, sub- ject to the order of the Selectmen, for the purpose above named.


Said Report is as follows : See File F, No. 6.


The Committee chosen by the Town of Brookline at their annual meeting in March, 1849, with instructions to present a petition on behalf of the Town to the County Commissioners for the County of Norfolk, requesting them to alter the public streets within the Town by widening them in various places, are now prepared to report : That in conformity with said instructions, a petition for the purpose above named was duly presented to the said Commissioners, who, in accordance therewith, after examination of the streets and a full hearing of the parties inter- ested, proceeded, on the 22nd day of August last, to locate and make alterations, according to our said petition, in the several places herein- after described, as will more fully appear by an examination of the


313


Annual Meeting, March 4, 1850.


returns of their doings made by the Commissioners to the Town under date of 26 December, 1849, and now on file in the Town Clerk's office. They have altered Walnut Street by widening it on land of the heirs of Thomas Whyte, dec'd, on land of the heirs of Oliver Whyte, dec'd, and on land of Samuel A. Walker. They have altered Warren Street by widening it on land of the first Parish, on land of Judge Eustis, on land of Ignatius Sargent, on land of the heirs of G. Murdock, dec'd, on land of John E. Thayer, and on land of W. H. Cowan. They have altered Clyde Street by widening it on land of W. H. Cowan at the corner of Warren Street, on land of Thos. H. Perkins, on land of W. H. Gardiner, on land of Josiah Seaverns, and on land of Samuel Hills or John Trowbridge. They have altered Brighton Street by widening it on land of John How, Jr., and Bonney, and on land of the heirs of D. Dowse, dec'd. They have altered Washington Street by widening it on land of the heirs of Joseph Smith, deceased, and on land of Timo. Corey. Plans or drawings of all parts of the streets which have been thus altered by widening, giving the width of the streets before and after said alterations, setting forth the metes and bounds and quantity of land taken in each place, have been procured by your Committee and deposited in the office of the Town Clerk for examination and reference. After a careful review of all the alterations, your committee have made the following estimate of the amount of money which will be required for grading the several parts, building protection bank-walls, blasting and preparing the whole for public travel, agreably to the requirements specified in the return of said Commissioners. First, on Walnut Street : For grading against land of Thomas Whyte and of Oliver Whyte, dec'd, and land of S. A. Walker, Fifty dollars, $50. Second, on Warren Street, for blasting and grading against Parish land, One Hundred Dollars, $100. For blasting and grading against land of Judge Eustis, One Hundred dollars, $100.00. For grading against the Estates of I. Sargent and G. Murdock, Seventy- five dollars, $75.00. For grading against land of W. H. Cowan, Seventy- five dollars, $75.00. For grading against land of J. E. Thayer, Twenty- five dolls., $25,00. Third, on Clyde Street : For blasting and grading against lands of T. H. Perkins and W. H. Gardiner, One Hundred dolls., $100.00. For grading against land of T. Seaverns, on northerly side, Thirty dolls., $30.00. For grading against land of S. Hills or Trowbridge and Seaverns, on Southerly side, Seventy-five dollars, $75.00. Fourth, on Brighton Street : For grading against land of Howe and Bonney, Two Hundred Dollars, $200.00. For grading against land of heirs of D. Dowse, One Hundred Dollars. Fifth, on Washington Street : For blasting and against land of T. Corey, one hundred and seventy dollars, $170.00. For protection bank-wall against land of heirs of T. Smith, Northerly end, Fifty Dollars, $50.00. For protection bank-wall against land of s'd heirs, southerly end, opposite the house of T. Corey, and for grading, Two Hundred dolls., $200.00. For raising wall and railing between the two last named places, Fifty Dollars, $50.00. Making a total amount of $1400. Your committee would recommend that a grant and appropriation be now made for carrying into effect and completing the several alterations above named, and that the amount granted be subject to the order of the




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