USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 32
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The polls were opened, and at half-past three o'clock it was moved and-
Voted, To close the polls at five o'clock.
At five o'clock the polls were closed, when the Selectmen counted the envellops and found the whole number to be Two Hundred and Ninety-one. The Town Clerk and they then proceeded to open the envellops and sorted and counted the votes for all the officers voted for, and declared the vote to be as follows, in open town meeting :
The whole number of ballots for Governor was Two Hundred and Eighty-nine.
for Robert C. Winthrop of Boston, Two Hundred and Twelve.
66 George S. Boutwell of Groton, Fifty-two.
John G. Palfrey of Cambridge,
Twenty-four.
Wendell Phillips of Boston, one.
376
Brookline Town Records.
The whole number of ballots for Lieutenant-Governor was Two Hundred and Eighty-eight.
for George Grennell of Greenfield, Two Hundred and Twelve.
66 Henry W. Cushman of Barnardstown, Fifty-two.
" Amasa Walker of Northi Brookfield, Twenty-three.
" Edmund Quincy of Dedham, One.
The wliole number of ballots for Senators from this district was Two Hundred and Eighty-nine.
For Marshall P. Wilder of Dorchester, Two Hundred and Fourteen.
Lysander Richards of Quincy, Two Hundred and Thirteen.
William H. Carey of Medway, Two Hundred and Thirteen.
Zenas French of Randolph, Sixty-two.
Henry Hobart " Foxboro,
Sixty-two.
Edward L. Keyes " Dedham,
Sixty-four.
66 Caleb Stetson " Braintree, Nine.
Ezra Wilkinson
" Dedham, Nine.
Ezra S. Conant
" Randolph, Nine.
66 Jeremiah Hill, one. For Charles D. Head,
one.
E. B. Dana, one. William I. Bowditch, one. 66
The whole number of ballots for Representative to the General Court was Two Hundred and Sixty-eight. Necessary for a choice One Hun- dred and Thirty-five.
for George Babcock, Forty-two.
James Robinson, Five.
66 Willard A. Humphrey, Two.
66 Jerathmael Davenport, One.
James Bartlett, Two. for J. K. F. Mansfield, Seven.
66 N. C. Dana, Two. E. B. Dana, two.
Charles B. Dana, One. William I. Bowditch, One.
John N. Turner, one. William H. Jameson, one.
William Aspinwall, Two Hundred and one, and he was chosen Representative to the General Court.
The whole number of ballots on the question as to calling a Convention for revising the Constitution was Two Hundred and Sixty-four.
The number of Yes was Forty-nine.
" No was Two Hundred and Fifteen.
The result of the voting having then been recorded as above in open town meeting, and the record having been publicly read and declared by the Town Clerk, the returns were made out from the record and signed by the Selectmen and the Town Clerk and then sealed up in open town meet- ing and delivered to the Town Clerk to be transmitted to the Secretary of the Commonwealth.
377
. Special Meeting, December 1, 1851.
In the voting a check-list of the voters' names was used, and no person -was allowed to deposit his ballot until his name had been found upon the list and checked.
About seven o'clock in the evening, all the business of the general election of 1851 having been accomplished, Mr. Bartlett, the Chairman of the Selectmen, declared the meet- ing Dissolved.
Attest : WILL. ASPINWALL, Town Clerk.
SPECIAL MEETING, DECEMBER 1ST, 1851.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS. To the Constables of the Town of Brookline, GREETING :
In the name of the Commonwealth of Massachusetts, you are required to warn the inhabitants of the town of Brookline to meet at the Town Hall in said Town on Monday, the first day of December, in the year One Thousand Eight hundred and fifty-one, at three o'clock in the afternoon, for the fol- lowing purposes, to wit :
1. To choose a Moderator.
2. To consider the subject of offering a reward for the detection and conviction of the person or persons who set fire to the barn on the premises occupied by William Dwight, Esq., on the twentieth instant, and to consider generally the subject of protecting the property of the citizens of this town against incendiaries, in pursuance of the application of Charles Heath and ten other legal voters to the Selectmen.
3. To see if the Town will appropriate Two Hundred dollars to pay the reward offered by the Selectmen for the conviction of the person who set fire to the barn of Thomas N. Woodward, and any other sum for any further reward which the Town may offer.
4. To authorize the Treasurer to borrow any sum of money which may be necessary to pay any rewards which the Selectmen have offered or the Town may offer.
Hereof fail not, and make due return of this Warrant with your doings thereon, at the time and place of said meeting.
378
Brookline Town Records.
Given under our hands and seals, at Brookline aforesaid, this twentieth day of November, in the year one thousand eight hundred and fifty-one.
JAMES BARTLETT, Selectmen
J. DAVENPORT, WILLIAM DEARBORN, Brookline.
of
NORFOLK, SS.
BROOKLINE, December 1st, 1851.
By virtue of this warrant, I have warned the inhabitence of this Town as within directed, by leaving a printed notice at the residence of each voter, as within mentioned, four days before the day of said meeting.
HUGH M. SANBORN, Constable of Brookline.
A true copy of the warrant and return thereon.
Attest : WILL. ASPINWALL, Town Clerk.
At ten minutes after three o'clock in the afternoon of the first day of December, A. D. 1851, the Town Clerk called the meeting to order and read the warrant.
Voted, To choose a Moderator by nomination and hand vote.
Mr. J. Davenport was chosen, but was excused at his own request.
Mr. George F. Homer was then nominated and chosen Moderator.
Mr. Homer took the chair as Moderator.
On motion of Mr. Charles Heath, amended on motions of Messrs. Jesse Bird and J. Davenport, it was-
Voted, That the Selectmen be and are hereby authorized and directed to offer a reward of five hundred dollars, to be paid from the Treasury of this Town, to any person or per- sons who shall give such information and render such service as shall lead to the arrest and conviction of the person or persons who, on the night of the 25th of August last, maliciously set fire to the barn of Mr. E. P. Wetherell in this town, or who, on the morning of Thursday, November 20th inst., maliciously set fire to the barn of William Dwight, Esq., or for the arrest or conviction of any person or per- sons who shall maliciously set fire and burn any dwelling houses or buildings therewith connected, barns, shops, or any public buildings in this town within one year from this first day of December, 1851.
379
Special Meeting, January 22, 1852.
Voted, That the sum of Two hundred dollars be appro- priated to pay the reward offered by the Selectmen for the conviction of the person who set fire to the barn of Mr. Thomas N. Woodward, and the sum of Five Hundred dol- dollars be appropriated to pay the reward offered in the preceding vote.
Voted, That the Treasurer be authorized to borrow Two Hundred Dollars at once, to pay the reward offered by the Selectmen as mentioned in the preceding vote, and Five Hundred Dollars when called for to pay any reward now offered by the Town.
Voted, To dissolve this meeting.
Dissolved.
Attest : WILL. ASPINWALL, Town Clerk.
[SPECIAL MEETING, JANUARY 22, 1852.]
[SEAL. ] SEAL. [SEAL.]
COMMONWEALTH OF MASSACHUSETTS.
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 Thursday, the twenty-second day of January current, at two o'clock in the afternoon, for the following purposes, to wit :
1st. To choose a Moderator.
2nd. To see what action the town will take upon the suit brought against it by Asa G. Sheldon upon his contract for building the new county road from the Mill dam to Washington Street.
3rd. To see what action the town will take upon the suit brought against it by Charles Stearns for gravel and other materials furnished by him to the town for building said road.
4th. To hear and act upon the Reports of any Committees who are ready to report.
380
Brookline Town Records.
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, at Brookline, this thir- teenth day of January, in the year One Thousand Eight Hundred and fifty-two.
JAMES BARTLETT, Selectmen of
J. DAVENPORT, S Brookline.
NORFOLK, SS. BROOKLINE, January 17th, 1852. By virtue of this warrant, I have notified and warned the inhabitants of Brookline to meet at said time and place and for the purposes herein described, by leaving a printed notice at the residence of each voter, as herein directed.
HUGH M. SANBORN, Constable.
A true copy of the Warrant and the return thereon.
Attest : WILL. ASPINWALL, Town Clerk.
In accordance with the terms of the foregoing warrant, the inhabitants of Brookline met at the Town Hall of Brook- line, and were called to order by the Town Clerk at twenty minutes after two o'clock in the afternoon of Thursday, the twenty-second day of January, in the year One Thousand Eight Hundred and Fifty-two.
The warrant having been read, upon motion of Mr. S. Philbrick, it was-
Voted, To choose a Moderator by nomination.
Mr. James Robinson was nominated and chosen Moderator.
Upon taking up the second and third articles together, Mr. G. Griggs moved, and it was voted, as follows :
Voted, That - be a committee to examine the claims of Sheldon and Stearns against the town for which they have brought actions, and retain counsel and defend the same or to settle the same, in their discretion.
After debate, it was voted that the blank be filled with five names, and nominations being called for, Messrs. John Howe, Geo. F. Homer, Geo. B. Blake, Wm. I. Bowditch, John Dane, were nominated and chosen to serve upon the committee.
Mr. Homer declined serving, saying that he was the only member of the committee named who was present, and that probably none of the other gentlemen chosen would serve.
381
Special Meeting, January 22, 1852.
Upon motion of Wm. Aspinwall, it was-
Voted, To reconsider the vote whereby Messrs. Howe, Homer, Blake, Bowditch & Dane were appointed a commit- tee to examine the claims of Sheldon and Stearns against the town, for which they have brought actions, and retain coun- sel and defend the same or to settle the same, in their discretion.
And the motion being put, it was rejected. It was then
Voted, That Messrs. G. F. Homer, S. Philbrick, J. Dav- enport, Jesse Bird and James Robinson be a committee to examine the claims of Sheldon and Stearns against the town, for which they have brought actions, and retain counsel and defend the same or to settle the same, in their discretion.
It was then-
Voted, That the committee appointed to examine and act upon the claims of Messrs. Sheldon and Stearns, have full power to submit the same to arbitration or to defend or settle the same by compromise or otherwise, at their dis- cretion.
There being no committees prepared to report, it was then voted to dissolve the meeting, and the meeting was accord- ingly Dissolved.
Attest : WM. ASPINWALL, Town Clerk.
PERAMBULATION BETWEEN BROOKLINE AND BOSTON.
We the subscribers, the Mayor and Aldermen of the City of Boston and the Selectmen of the town of Brookline, pursuant to notice, met the fifteenth day of November, A. D. 1851, at the time and place appointed, and run the line and renewed the bound marks between the city of Bos- ton and the town of Brookline as follows, to wit :
Beginning at a stone post marked Bo. on the easterly side and Br. on the westerly side, standing on the Boston and Roxbury Mill Dam west- erly from the new filling sluices erected in said Dam (the old sluices referred to in the act of February 22nd, 1825, entitled " An act relative to the boundary lines of the city of Boston and to the town of Brookline" having been removed), thence running northwesterly from said post at an angle of one hundred and fifteen degrees from the Mill Dam until it strikes the center of the channel of Charles River, and also running from the said post Southerly at an angle of one hundred and three degrees
382
Brookline Town Records.
forty minutes until it strikes the center of the channel of Muddy River at a point where the respective boundaries of Boston, Brookline and Roxbury meet each other, being the same line mentioned and described in the above recited act.
In testimony whereof we have hereto set our hands the day and year first above written.
JOHN P. BIGELOW, Mayor,
and HENRY B. ROGERS, BILLINGS BRIGGS,
A. B. MUNROE,
J. DAVENPORT, Aldermen WILLIAM DEARBORN, S of
JAMES BARTLETT,
Selectmen of
Brookline.
MOSES GRANT, MOSES KIMBALL, BENJ'N SMITH, H. M. HOLBROOK, CALVIN W. CLARK,
Boston.
WILL. ASPINWALL,
Town Clerk of Brookline.
The foregoing is a true copy of the original, and was recorded the twenty-fourth day or February, in the year One Thousand Eight Hundred and Fifty-two.
Attest : WILL. ASPINWALL, Town Clerk.
ANNUAL MEETING, MARCH 8, 1852.
WARRANT.
SEAL. SEAL. COMMONWEALTH OF MASSACHUSETTS.
SEAL.
NORFOLK, TO WIT.
To the Constables of the Town of Brookline,
GREETING :
In the name of the Commonwealth of Massachusetts, you are hereby required to warn the inhabitants of the town of Brookline to meet at the Town Hall in said town, on Mon- day, the eighth day of March, in the year one thousand eight hundred and fifty-two, at one o'clock in the afternoon, for the following purposes, to wit :
First. To choose a Moderator.
Second. To choose the necessary town officers for the ensuing year.
Third. To hear and act upon the reports of town officers and com- mittees.
383
Annual Meeting, March 8, 1852.
Fourth. To bring in their votes for County Treasurer.
Fifth. To grant and appropriate such sums of money as may be deemed necessary to meet the expenditures of the town for the ensuing year.
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 at Brookline, this twenty- sixth day of February, in the year one thousand eight hundred and fifty-two.
JAMES BARTLETT, J. DAVENPORT, WILLIAM DEARBORN, Selectmen of Brookline.
File G, No. 1.
NORFOLK, SS.
BROOKLINE, February 4th, 1852.
By virtue of this warrant, I have warned the inhabitants of the town of Brookline to meet at the time and place and for the purposes within named, by leaving a printed notice at the residence of each voter, as within directed.
HUGH M. SANBORN, Constable of Brookline.
A true copy of the warrant and the return thereon.
See file G, No. 1.
Attest : B. F. BAKER, Town Clerk.
At twenty minutes past one o'clock the meeting was called to order by the Town Clerk, William Aspinwall, Esq., who presided during the choice of a Moderator by written ballots.
The whole number of ballots for Moderator was twenty- eight. G. F. Homer, Esq., had twenty-eight, and was chosen Moderator, and took the chair.
At the request of the Moderator, prayers were offered by the Rev. W. H. Shailer.
The ballots for Town Clerk being called for by the Mod- erator, the whole number was eighty-eight-necessary for a choice, forty-five (45) : John Dustin had one (1), M. B. Williams had one (1), Will'm Aspinwall had one (1), Elijah Hersey had three (3), Artemas Newell had thirty-seven (37), Benj. F. Baker had forty-five (45) and was chosen Town
-
384
Brookline Town Records.
Clerk for the ensuing year, and was sworn to the faithful discharge of the duties of that office by the Moderator.
Voted, That the second article in the warrant be laid on the table, and to take up the third.
The reports of committees and officers being called for, G. B. Blake presented and read the following report of the Committee on Railroads Crossing at Grade. (File G, No. 2.)
REPORT.
Your committee, to whom was entrusted the opposing of the crossing of railroads at grade of the roads of this town, beg leave to report that they have attended to that duty. After a very prolonged investigation before the County Commissioners, in which the Charles River Branch Railroad Corporation employed two distinguished counsel, the Commis- sioners have ordered a bridge to be built over Washington street cross- ing. Your committee make no charge for their own personal services, but ask your allowance of the necessary expenses which have been incurred in the several days' trial which were had in the case, viz. :
Amounts paid by Blake, Ward & Co. :-
To W. I. Bowditch, for p'd by him to Wm. W. Clement for his services in taking act. of passengers on road, two men 2 days .
$8 00
To A. H. Clapp, Constable, for expense summoning wit- nesses, &c. · 5 26
. For sundries, as per vouchers, being for expenses of obtain- ing remonstrances, &c. 8 50 Paid William Aspinwall, as advanced for fees to wit- nesses, &c. 20 00
Forty-one 76-100 dollars $41 76
Also, to be paid :
To Wm. Whiting for professional services, advice, arguing before the County Commissioners, two hundred and fifty dollars $250 00
To William Aspinwall, balance due him for expenses of sum- moning witnesses, &c., two 12-100 dols. . 2 12
And the committee ask an appropriation from the town to pay the same. For the Committee,
BROOKLINE, March 8th, 1852. G. BATY BLAKE.
Voted, To accept the report. (File G, No. 2.)
Voted, To accept the Auditor's report. (File G, No. 3.)
Annual Meeting, March 8, 1852. 385
Voted, To adopt the vote proposed by the Auditors to the consideration of the town. (See report, to wit : see file G, No. 3.)
Voted, That the Selectmen shall have power to increase the different appropriations made by the town by transferring from the appropriations for contingencies such sums as they may find necessary, and to direct the Treasurer to act accordingly.
Mr. James Bartlett presented and read the following report on Guide Boards and Posts.
REPORT.
According to the Laws of the Commonwealth the Selectmen submit the following report of places where guide-posts and boards are erected and maintained by the town, to wit :
There is a guide-post with a board thereon standing at the junction of Boylston with Washington street, directing to Brighton.
One at corner of Boylston and Heath streets, directing to Newton, Worcester and Dedham.
One at corner of Brighton street, directing to Brighton.
One at Boylston and Cross street, to Newton Upper Falls, Newton and Brighton.
One at Heath and Warren streets, directing to Newton, Dedham and Brighton.
One at Clyde and Warren streets, to Dedham and Brighton.
One at Clyde and Newton streets, to Brighton, Newton and Dedham.
One at Grove and Newton streets, to West Roxbury and Dedham.
One at Grove and South streets, to Brighton.
One at South and Newton streets, to Dedham, Newton and Brighton.
One at Warren and Cottage streets, to Dedham and Jamaica Plain (in Roxbury).
One at Warren and Walnut streets, to Jamaica Plain.
One at Washington and Harvard streets, to Brighton and Cambridge.
One at Sewell's avenue and Harvard street, to Cambridge and Cam- bridge Port.
There being fourteen and all in good condition.
All of which is respectfully submitted for the Selectmen by
BROOKLINE, March, 1852.
JAMES BARTLETT, Chairman.
Voted, To accept the report on Guide Boards and Posts. (File G, No. 4.)
25
386
Brookline Town Records.
Mr. Moses Withington, Treasurer, then presented the following report :
REPORT.
RECEIPTS.
From the balance in the Treasury at the close of last year $1,478 95
William Aspinwall, for sale of town maps 00
Sundry persons, dog licenses, 118 00
66 A. Newell, the fine imposed upon Thomas O'Dea for keeping a dog without license 10 00
State Treasury on ac't of paupers 41 06
am't of School fund 75 46
66 The Bank of Brighton, loan in anticipation of taxes . 3000 00
Less the interest 66 50
2,933 50
66 Sundry persons, use of Town Hall
56 00
66 St. Paul's Society for use of " one year
92 50
66 William I. Bowditch, guardian of Gideon Vinall, cash borrowed to defray the expenses of new road from Mill Dam to Washington street, as per vote of the town passed Dec. 16th, 1850
2,000 00
66 Charles J. & George A. Taylor, cash borrowed to defray the expense of new road from Mill Dam to Washington street, as per vote of town passed Dec. 16th, 1850
3,000 00
66 Charles B. Hall, Treasurer of the Commonwealth of Massachusetts, cash borrowed to defray the expense of new road from Mill Dam to Washing- ton street, as per vote of the town passed Oct. 15th, 1851
6,000 00
66 Sundry subscriptions for new road from Mill Dam to Washington street
2,625 00
Thomas Dillon, for license to peddle
3 00
66 Clark S. Bixby, proceeds of hay-scales
58 66
A. W. & J. M. Seamans “
56 30 .
William Dearborn & James Bartlett, gravel
77 25
66 Jesse Bird, two lots in the cemetery 50 00
Interest on sundry taxes
22 99
Less the abatements 291 97 14,494 11
Whole amount of receipts from all sources .
$33,200 78
Deduct payment to Bank, Brighton, for loans 3,000 00
$30,200 78
Whole amount expended
28,653 14
Leaving a balance in the treasury of
$1,547 64
The Treasurer holds one note for the town for one thousand dollars ($1,000), given by Henry Crehore, dated Dec. 4th, 1851, payable in three years, with interest annually. Said note is secured by mortgage.
Respectfully submitted,
BROOKLINE, Feb'ry 25th, 1852. MOSES WITHINGTON, Treasurer.
66 The whole amount of taxes assessed for the year 1851 .
$14,786 08
387
Annual Meeting, March 8, 1852.
Voted, To accept the Treasurer's Report. (File G, No. 5.)
G. F. Homer, Esq., presented and read the following report of the Committee on the lawsuits bro't against the town by Asa G. Sheldon and Charles Stearns, Sen'r :
REPORT.
The Committee of the town of Brookline on the suits of Asa G. Sheldon and of Charles Stearns against the town, report as follows :
The suit of Mr. Sheldon was brought in the Supreme Court of Middle- sex County, and was to recover the sum of $12,891.62 under his written contract with the town for the construction of the new Mill Dam road, the further sum of $1,546 for damages caused by delay in the cut through land of Charles Stearns, and the sum of $1,425.76 for extra work, making an aggregate of fifteen thousand eight hundred and sixty-three dollars and thirty-eight cents ($15,863.38). This claim of Mr. Sheldon's, accord- ing to the admission of his counsel in his presence, was not made up from any calculations or surveys or reliable data, but was a mere jump, or, as we suppose, rather a run of luck. Your committee have exam- ined these claims of Mr. Sheldon, and heard thereon the statements of the Committee on the Mill Dam Road, the engineers, and also of Mr. Sheldon and his counsel.
There appears to be due to Mr. Sheldon, under his contract with the town, the sum of $10,245.74. This was according to the survey of Mr. Thomas Doane, the engineer of the road, whose appointment was acqui- esced in by Mr. Sheldon, and whose decision in the premises, according to the contract, is final. There has been paid to Mr. Sheldon by the Treasurer of the town, on account of this contract, the sum of $8,779.30; so that there remains a balance due Mr. Sheldon, according to Doane's survey, the sum of $1,466.44. Your committee met the claims of Mr. Sheldon in the spirit of compromise with liberality, as becomes the town of Brookline in settlements with its employees, and also in justice to its tax-paying citizens. After a careful examination of the several claims, your committee, with great readiness and entire harmony, resolved to offer to Mr. Sheldon, by way of compromise and without prejudice, the sum of $525.76 in addition to the balance due him on his contract, and this proposition was accordingly made in writing to Mr. Sheldon. Mr. Sheldon's counsel verbally stated to your committee that he would settle for $15,000, deducting payments, thus making the difference in the two propositions of $4,229.50. There seemed to us no probability of a com- promise, and after much negotiation, said suit has been, under a rule of the Court, [submitted] to the arbitration of J. Thomas Stevenson and Waldo Higginson of Boston and Jesse Bird of Brookline, who were selected by us from a list of ten or twelve names furnished by Mr. Shel- don. The referees have not as yet assigned the time of hearing. Your committee have retained as counsel Mr. Edward D. Sohier, Esqr., of Brookline, and they recommend that the suit of Asa G. Sheldon against
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Brookline Town Records.
the Inhabitants of Brookline, be resisted by the town to the extent of the law, and they further recommend a special appropriation of five hundred dollars to meet the expenses of the same.
Your committee would add that the town has been formally notified that Mr. Sheldon's claims against the town have been assigned to sundry persons, and trustee processes have also been served on the town, amounting in all to the sum of $3,240.71.
In the matter of the suit of Charles Stearns vs. the Inhabitants of Brookline, your committee make the following report :
This was a suit against the town, in the County of Norfolk, to recover for 1874.60 squares of gravel, at 4s. per square, Timber used in
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