USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 33
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
$1,249 33
5 00
One half of Surveyor's bill
25 00
Making a total of
$1,279 33
With interest thereon.
This bill was never presented by Mr. Stearns to the Committee on the Mill Dam Road. There was no question as to the prices of the gravel, and the matter in controversy did not much exceed $200. Your commit- tee, after a careful examination of the same on two several occasions, and afterwards hearing the statements of the committee on the road, and of Mr. Charles Stearns, Jr., and also of the engineers of the road and the engineer employed by Mr. Stearns, were constrained, by various considerations, to allow Mr. Stearns a part of this difference as justly due to him. The balance remaining, and which might be deemed a fair subject of defence, was so trifling that we did not consider it worth while for this committee to spend any more time in examining with precision the accuracy of mathematical culculations and measurements. And we thought it not to be for the interests of the town to contest the same in a suit at law. Your committee accordingly resolved unanimously, inasmuch as Mr. Stearns declined a compromise, to settle the suit of Mr. Stearns against the town debt at cost, and the same has been paid by the Town Treasurer, amounting in all to the sum of thirteen hundred and sixteen 37% of dollars ($1316.37). This decision does not by any means impair the accuracy of the survey of the engineer of the road, nor does it admit the justice of the entire claim of Mr. Stearns.
In conclusion, at the request of Mr. Jesse Bird, your committee sug- gest the propriety of the town's releasing him from further services on this committee, inasmuch as he has accepted the duty of arbitrator in the case of Sheldon.
G. F. HOMER, SAM'L PHILBRICK, J. DAVENPORT, JAMES ROBINSON, JESSE BIRD, Committee.
BROOKLINE, March 1st, 1852.
Voted, To accept the report. (File G, No. 6.)
389
Annual Meeting, March 8, 1852.
Voted, That Mr. Jesse Bird be released from serving on the committee to whom was entrusted the prosecution of the Sheldon suit and the suit of Mr. Stearns, he having accepted the appointment of referee.
George Griggs, Esq., from the committee on building the new county road from Washington street to end of the Mill Dam, presented the following report :
REPORT.
The committee for building the new road from Washington street to the end of the Mill Dam, ask leave to report progress. At the time of their report to the town on the 15th of October last they expected to be able to complete the road, settle the bills, and make a final report at this meeting. They then submitted an estimate of the amount of and the town authorized its Treasurer to borrow money to meet those estimates. They have settled all the bills against the road known to exist excepting those of two individuals : Asa G. Sheldon and Charles Stearns. They have paid, on account, a large amount to Sheldon, as will appear by the account annexed, but were unable to agree with him for the balance of his claim upon terms of what they thought due from the town to him, and he always refused to settle upon the terms which the committee offered. They have paid no part of the bill due to Mr. Stearns, being unable to agree with him as to the amount to which he was entitled, and he declined to receive any part of his claim unless the whole was paid. Upon these two accounts actions were brought against the town, and this committee referred them to the town at a meeting held to decide what action the town would take respecting these claims, by whom a special committee was appointed, and whose report will be submitted as to their doings in the premises. The committee believe the road com- plete with the exception of putting about a hundred squares of gravel on the road across the marsh, filling in the Stearns' meadow to bring the road up to the grade ordered by the County Commissioners, which has settled since the last report, removing the earth where it has slid into the gutter from slopes in the sides of some of the cuts, placing some structure at the bridge on the marsh to prevent the washing away of the bank and wood at the bridge. These, with some slight repairs which may be rendered necessary by washing or otherwise, will probably cost five hundred dollars. The committee would earnestly recommend to the proprietors of land abutting on the new road, both of the part built under the direction of the Selectmen and the part built under their own direction, that, where it has not already been done, trees should be set out this spring on both sides of the road from the end of the Mill Dam to the line of the town of Brighton, as they serve both as a grateful shade to man and beast who have occasion to travel the road during the heat of summer, and objects of ornament to the way and beauty to the taste at all seasons of the year. And though all who may [act] on this recom- mendation of the committee, and place ornamental and shade trees by the wayside, may not themselves live to enjoy a walk or drive along this
390
Brookline Town Records.
broad avenue when the trees which they have planted shall have spread their leafy branches o'er the traveler's head, yet they may take to them- selves the happy reflection that a grateful posterity will owe to them also a part of the grateful honour, thanks and blessings with which this com- mittee and the friends of the road have been so liberally and even profusely overwhelmed by our intelligent, publick-spirited and appreciat- ing community.
The amount of money received and expended thus far will appear by the following account :
RECEIPTS.
On town note, as per report of the Auditing Committee . $11,000 00 Subscriptions of the Boston & Roxbury Mill Dam Company 2,000 - Individual subscriptions, viz. : Wm. Amory, $200; Augustus Aspinwall, William L. Beal, David S. Coolidge, William J. Griggs, Henry Lee, Jr., J. Lee's est., and Moses With- ington, $100 each; George Babcock, George E. Bogman, Timothy Corey, James Dana, Harrison Fay, Samuel Larnard, Daniel Sanderson and M. C. Warren, $50 each, and Harrison Bird $25-in all .
1,325
EXPENDITURES.
$14,325 00
Paid Asa G. Sheldon, as per Auditors' report
8,779 30
Charles Stearns, for gravel and trees and expenses of his claim therefor, paid by special committee appointed to settle with him (see Auditors' report)
1,316 37
E. M. Abbott, for fencing materials, building fence, &c.
1,430 00
To J. Doane, for engineering .
325 00
" David Sears, for gravel
321 20
W. R. Lawrence, for earth for filling across marsh
300 00
Boston & Worcester R. R. Co., for sign at crossing and stone posts 206 55
Calvin Smith, for grading and materials for road
195 46
Luther Drew, for building bridge over marsh, &c.
185 00
John McMahan, casting and labor
28 00
William O'Donnell, for stones for monuments
12 55
Sundry small bills, viz. : Ostrander & Schoppe, for
dinners on the day the Commissioners located the road
$3 00
Ezra Sampson .
2 00
For printed proposals
1 50
" posting proposals
2 00
" Thomas Griggs, labor setting monuments
2 07
10 57
Total expenditures
$13,110 00
Balance
$1,215 00
GEORGE GRIGGS,
BROOKLINE, March 8th, 1852.
Chairman Committee.
Voted, To accept the report. (File G, No. 7.)
391
Annual Meeting, March 8, 1852.
Mr. David S. Coolidge presented the report of the Com- mittee on School Houses appointed October 15th, 1851, as follows :
REPORT.
The committee appointed under the foregoing vote of the town (see p. 374) respectfully report :
First. The committee are requested to select sites for two new school- houses, the one to be located on Harvard street not far from School street, the other somewhere near the corner of Warren and Clyde streets. The committee state that they cannot obtain any suitable sites for school houses at the points named.
Second. The committee are required to obtain [terms] on which the school house and lot on Heath street can be sold, but being unable to obtain a new site in this section of the town, the committee have made no attempts to obtain terms for the sale of the present house and lot.
Third, Your committee are not prepared with any plans or estimates, but having deliberated on the subject in concert with the School Com- mittee, they are of opinion that a suitable building could be erected on the town's land at an expense not exceeding ten thousand dollars ($10,000). In order to bring the subject before the town in a definite form, the committee submit for consideration the following resolves :
Voted, That a Building Committee of five be appointed to erect, on the town's land on School street, a school house according to such plans as they may adopt, at an expense not exceeding ten thousand dollars, within such time as they think the interest of the town requires, and that they appropriate not less than one acre for the school-house lot.
Voted, That the Treasurer of the town be authorized to borrow the sum of ten thousand dollars, in such sums and at such times as said com- mittee may require for building said house.
D. S. COOLIDGE, WM. DWIGHT, ABIJAH W. GODDARD, G. F. HOMER,
Committee.
Voted, To accept the report. (File G, No. 8.)
Voted, That the resolves of the Committee on School Houses be laid on the table. (For resolves see pp. [above ].)
Voted, That the report of the School Committee, which had been printed and distributed to the inhabitants, be accepted. (File G, No. 9.)
The meeting then proceeded to the choice of Selectmen by ballot. The whole number of ballots for Selectmen was one hundred and twenty-three (123). Necessary to a choice, sixty-two.
392
Brookline Town Records.
Jerathmael Davenport had one hundred and twelve,
William Dearborn " one hundred and four, David S. Coolidge " eighty-seven, and they were chosen Selectmen for the ensuing year.
Voted, To choose three Assessors.
The whole number of ballots was one hundred and nine (109). Necessary to a choice, fifty-five (55).
W. I. Bowditch had one hundred and two, A. H. Newell
" one hundred and one,
W. A. Humphrey " one hundred and six, and they were chosen Assessors.
Voted, That the Selectmen be Overseers of the Poor.
Voted, To proceed to the choice of Town Treasurer.
The whole number of ballots was one hundred and forty- one. Necessary to a choice, seventy-one.
D. S. Coolidge had one.
Elijah Hersey " three.
Artemas Newell " twenty-four.
J. Davenport " twenty-eight.
Moses Withington " eighty-five, and was chosen Treas- urer.
Voted, That the Treasurer be Collector of Taxes.
Voted, To choose a School Committee of five.
Whole number of ballots was one hundred and eight.
Rev. W. H. Shailer had sixty-one,
Mr. Samuel Eliot
" eighty-four,
Col. J. K. F. Mansfield " ninety-three,
Mr. William Dwight, 66 ninety-two,
Mr. J. A. Bird fifty-seven, and they were chosen School Committee.
Voted, To have four Constables for the ensuing year.
Whole number of ballots was one hundred and thirty-four. Augustus Allen had one hundred and seventeen,
H. M. Sanborn " one hundred and thirty-four,
Franklin Tukey " one hundred and eighty-one,
Elisha Stone " one hundred and ninety-three, and they were chosen Constables.
Voted, To choose three Surveyors of Highways by ballot.
393
Annual Meeting, March 8, 1852.
Whole number of ballots was sixty-seven.
Chas. Stearns, Jr., had thirty-nine,
William Dearborn " forty-one,
Abijah W. Goddard " forty-one, and they were chosen Surveyors of Highways.
The Fourth Article was taken up, and the polls were opened to receive the ballots for County Treasurer. The polls being closed, the whole number of ballots was one hundred and twenty-one.
A. H. Clapp had three.
Elbridge G. Robinson " twenty-seven.
George Ellis " ninety-one.
Voted, Not to choose Tythingman.
Voted, To choose ten Field Drivers.
Timothy Corey, Chas. P. Trowbridge, F. Henry Corey, T. B. Griggs, John W. Warren, D. Augustus Griggs, George Hersey, Henry A. Mellen, Samuel Clark, Chas. D. Head-Field Drivers.
Clark L. Haynes, Chas. G. Colbath, were chosen Fence Viewers.
John F. Edwards, Elisha Stone, were chosen Surveyors of Lumber and Measurers of Wood and Bark.
Voted, Not to choose Sealer of Leather.
Augustus Allen, B. F. Baker, J. Anson Guild, were chosen Fire Wards.
Chas. D. Head, W. I. Bowditch, C. W. Scudder, were chosen Auditors.
Charles Smith was chosen Pound Keeper.
Charles Stearns, Jr., North District ; W. A. Humphrey, Middle District ; Samuel Hills, South District, were chosen Prudential School Committee.
Jesse Bird, Marshal Stearns, Samuel Philbrick, were chosen Cemetery Committee.
Clark L. Haynes was chosen Prudential School Commit- tee for Intermediate and High Schools.
In voting for all officers chosen by ballot the check-list was used.
394
Brookline Town Records.
Voted, That when this meeting adjourn it be to Monday, the 22 inst., at 3 o'clock P. M.
On motion of Mr. Wm. Dwight, it was-
Voted, That at all town meetings for the choice of town or county officers, such as are chosen by ballot shall here- after be voted for on one ticket. (File G, No. 10.)
Adjourned.
Attest : B. F. BAKER, Town Clerk.
The Town Clerk, on the evening of the eighth day of March, 1852, in conformity with the law of the Common- wealth, made out his warrant and delivered the same to Constable Franklin Tukey, requiring him to summon all officers chosen to appear before the Town Clerk within seven days and be sworn to their respective offices (where an oath is required by law) or to signify their acceptance or refusal of the office to which they were respectively chosen-and is on File G, No. 11.
Attest : B. F. BAKER,
Town Clerk.
395
Annual Meeting, March 8, 1852.
NORFOLK, SS. BROOKLINE.
Then personally appeared the undermentioned persons and were sworn before me at the times set against their names, or signified their refusal or acceptance of the offices to which they had severally been chosen.
B. F. BAKER,
Town Clerk.
8 of March, 1852. Franklin Tukey sworn as Constable. 9 66 Hugh M. Sanborn " 66
10
66
66
J. K. F. Mansfield ac'pt School Committee.
J. F. Edwards sworn Surveyor of Lumber and Meas- urer of Wood and Bark.
66
66
66
J. W. Warren sworn Field Driver.
66
66
Jesse Bird declined Cemetery Committee.
66
66
W. A. Humphrey “ Middle District.
Marshall Stearns declined Cemetery Committee.
11
66
66
Geor. E. Hersey sworn Field Driver.
13
66
66
Augustus Allen accept Fire Ward and sworn as Con- stable.
66
66
66
B. F. Baker accept Fire Ward.
66
66
J. Anson Guild “
66
Moses Withington sworn Treasurer and Collector.
66
66
66
C. P. Trowbridge . Field Driver.
66
Henry A. Mellen
66
66
Clark L. Haynes Fence Viewer, accepted
Prudential S. Committee for the High School and Intermediate School.
9
66"
66
William Dwight declined School Committee.
15
J. A. Bird accepted
16
Samuel Eliot "
NORFOLK, SS. BROOKLINE.
Then personally appeared the undermentioned persons and were sworn before me, or signified their acceptance or refusal of the offices to which they were chosen, at the time set against their names.
B. F. BAKER,
Town Clerk.
15 March, 1852. Chas. D. Head accepted Auditor.
66
66 Chas. W. Scudder
66
66
F. Henry Corey declined Field Driver.
19
Samuel Hills accepted Prudential Sc'l Committee for South District.
22
66
66
Elisha Stone sworn as Constable, Surveyor Lumber and Measurer Wood and Bark.
20
66
W. H. Shailer declined School Committee.
22
66
66 Andrew H. Newell sworn Assessor.
13
. .
66
D. Augustus Griggs
Prudential School Committee,
66
66
396
Brookline Town Records.
ADJOURNED ANNUAL MEETING, MARCH 22, 1852.
Pursuant to adjournment on the eighth day of March, the inhabitants of the town met in the Town Hall on Monday, the twenty-second day of March, in the year of our Lord one thousand eight hundred and fifty-two, at three o'clock in the afternoon.
The Moderator called the meeting to order, and read a list of the officers that had not qualified themselves or who had declined serving. The following-named officers, who had not been qualified, then came forward and were sworn to discharge the duties of their several offices by the Mod- erator, Geor. F. Homer, Esq. :
Jerathmael Davenport, William Dearborn, David S. Cool- idge, were sworn as Selectmen for the year ensuing.
W. I. Bowditch and Willard A. Humphrey were sworn as Assessors for the ensuing year.
Chas. Stearns, Jr., and William Dearborn were sworn as Surveyors of Highways for the ensuing year.
Voted, To choose three Cemetery Committee in place of Jesse Bird, Marshall Stearns, and Samuel Philbrick, Esq., resigned.
Samuel Clark, H. M. Sanborn, Dr. Samuel Shurtleff, were chosen Cemetery Committee.
Voted, To ballot for two School Committee (to fill the places made vacant in the board by the declining to serve of Messrs. Rev. William H. Shailer and William Dwight, Esq.) at 20 minutes past three o'clock.
Hugh M. Sanborn was chosen Pound Keeper (in place of Charles Smith, declined, ) and was sworn by the Town Clerk to the discharge of the duties of that office.
The ballots for School Committee being called for, the whole number of ballots was thirty-six. Necessary to a choice, nineteen.
Moses B. Williams had thirty-two (32),
G. F. Homer thirty-four, and they were chosen, and accepted the trust.
397
Adjourned Annual Meeting, March 22, 1852.
Mr. Jesse Bird was chosen Highway Surveyor (in place of A. W. Goddard, declined, ) and was sworn to the dis- charge of the duties of that office by the Moderator.
John W. Warren was chosen Prudential School Commit- tee (in place of W. A. Humphrey, resigned, ) for the Middle District, and accepted the trust.
On motion of Mr. James M. Howe, the following vote of thanks was unanimously passed to Mr. James Bartlett :
Voted, That the thanks of the town of Brookline be pre- sented to James Bartlett, Esq., for the able, faithful, and impartial manner in which he has performed the duties of Chairman of the Selectmen of the town for several years past.
Voted, That the Town Clerk transmit a copy of the vote to Mr. James Bartlett.
Voted, To take up the Fifth Article in the warrant.
Voted, That the following appropriations be made for the ensuing year, to wit :
For the support of the poor
$1,200 00
books of reference for schools
25 00
support of highways
1,300 00
making roads by Town House, widening School street, and land damages .
500 00
making and fencing new county road west from Wash- ington street . 20 00
making extension of same road to Mill Dam 800 00
expense of defending lawsuit bro't by Asa G. Sheldon 500 00
County tax
4,500 00
Fire Department
500 00
rewards for the arrest of incendiaries, none
collecting taxes
150 00
abatement of taxes
250 00
town officers
800 00
repairs of public buildings
200 00
extinction of town debt
2,163 76
interest on town debt
840 00
Cemetery C.
50 00
contingencies
900 00
to pay the expenses incurred by the Committee on R. R. Crossing at Grade in Town of Brookline 293 88
damage done Thomas Seaverns by removing the earth and gravel adjoining his land (see report of D. San- derson, recorded on [399] p.)
60 00
$19,152 64
66 schools
4,100 00
398
Brookline Town Records.
Voted, on motion of Mr. William Aspinwall, That the monies appropriated by the town for various purposes, including the appropriations for the purpose of making and repairing highways and town ways, be assessed, after deducting the balance in the Treasury and the probable receipts for the ensuing year, amounting by the Auditors' report to the sum of $2,200.76, upon the polls and estates, real and personal, of the inhabitants resident and non-resi- dent of the town, and collected as the town charges are usually assessed and collected.
Voted, That the Treasurer be authorized to borrow the sum of three thousand dollars ($3,000.00) in anticipation of taxes to be raised and received.
The Resolves and Votes of the Committee on School Houses were taken up and adopted. (See pp. [391].)
Voted, That a Building Committee of five be appointed to erect, on the town's land on School street, a school-house according to such plan as they may adopt, at an expense not exceeding ten thousand dollars, within such time as they think the interests of the town require, and that they appropriate not less than one acre of land for the school- house lot.
Voted, That Messrs. Harrison Fay, J. K. F. Mansfield, Chas. Heath, William Dearborn, Bela Stoddard, be a Build- ing Committee to attend to that duty.
Voted, That the Treasurer of the town be authorized to borrow the sum of ten thousand dollars in such sums and at such times as said committee may require for building said house.
On motion of George Griggs, Esqr., it was-
Voted, That any claim which may be made by the guard- ian of any child of George Aspinwall, deceased, on George Griggs, administrator with the will annexed of Thomas Aspinwall, deceased, for money paid by him to William C. Aspinwall and [by ] said William paid into the town treasury for his support, be referred to the Selectmen, with authority to pay the same from the contingent fund of the town.
399
Adjourned Annual Meeting, March 22, 1852.
Voted, To indefinitely postpone the introduction of music into the schools of the town.
Voted, To add to the contingent fund the further sum of fifty dollars ($50), and that Ditson's bill for piano be paid therefrom, thus making the contingent fund $900.00. (See appropriations, p. [397].)
Mr. Daniel Sanderson presented the following report :
REPORT.
The committee appointed in June last by the town, for the purpose of investigating the claims of Thomas Seaverns, in relation to damages done to his land in consequence of the removal of gravel and change of grade in the new way or street laid out from Washington street to Mechanic place, report that, in our opinion, Mr. Seaverns is entitled to further compensation in addition to the award of the Selectmen, however just and proper that award may have been at the time it was made. Since that time the grade has been very much altered, so that the bank on the land next to Mr. Seaverns has fallen down, and the fence has also fallen with it. It would also be difficult to construct a convenient passageway from Mechanic place to the house and stable of Mr. Seaverns " without removing a large quantity of the gravel that still remains. In view of all the facts in the case, your committee recommend that the town appropriate the sum of sixty dollars ($60) as a further compensa- tion in addition to the award made by the Selectmen.
File G, No. 12,
DANIEL SANDERSON,
For the Committee.
Voted, To accept the report and appropriate the sum of $60, as recommended. (See appropriations, on [397] p.)
Voted, To dissolve this meeting.
Dissolved.
Attest : B. F. BAKER, Town Clerk of Brookline.
400
Brookline Town Records.
SPECIAL MEETING, APRIL 5TH, 1852.
WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS. BROOKLINE.
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 said town, qualified to vote in elections, to bring in their votes to the Selectmen, at the Town Hall in said town, for one Special Commissioner, to fill the vacancy occasioned by the resigna- tion of Timothy P. Whitney, one of the Special Commis- sioners of said County, for the remainder of the term for which the said Timothy P. Whitney was elected, on Monday, the fifth day of April next, at three o'clock in the afternoon, at which time and place the polls will be opened.
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 aforesaid, this twenty-second of March, in the year of our Lord one thousand eight hundred and fifty-two.
J. DAVENPORT, WILLIAM DEARBORN, DAVID S. COOLIDGE, Selectmen of Brookline.
NORFOLK, SS. BROOKLINE, March 30th, 1852.
By virtue of this warrant, I have notified each voter to meet at the within-named place, by leaving a printed copy of this warrant at his place of residence. (File G, No. 13.)
FRANKLIN TUKEY, Constable of Brookline.
Pursuant to the foregoing notice, the meeting was called to order at three o'clock and ten minutes, by Jerathmael
Special Meeting, May 3, 1852. 401
Davenport, Esq., Chairman of the Selectmen, and the polls were declared open for the reception of ballots for Special Commissioner.
The polls being declared closed after having been kept open two hours, the whole number of ballots cast was twelve (12).
John A. Gould of Walpole had eight (8).
Henry Hobart of Foxboro " four (4).
J. DAVENPORT, WILLIAM DEARBORN, DAVID S. COOLIDGE, Selectmen of Brookline.
Voted, To dissolve. Dissolved.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, MAY 3, A. D. 1852.
-
WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS. BROOKLINE.
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 said town, qualified to vote in elections, to bring in their votes to the Selectmen, at the Town Hall in said town, for one Special Commissioner, to fill the vacancy occasioned by the resigna- tion of Timothy P. Whitney, one of the Special Commis- sioners of said County, for the remainder of the term for which the said Timothy P. Whitney was elected, on Monday,
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.