USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 40
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They also widened Walnut street at its junction with said way, as 'follows : Commencing at a stake on the present line of said street, thence running northeasterly in a straight line nine feet to another stake on the proposed line of said way; thence turning and running westerly in a straight line seventy feet four inches on land of Samuel A. Walker to a stake on the present line of Walnut street; thence turning and running easterly fifty-six feet four inches to the first point of beginning.
The amount of land taken to widen said street and way is two thou- sand three hundred and fifty-seven square feet, as shown by the plan accompanying, drawn by Amos R. Binney, and bearing date August 18, A. D. 1854, which was filed in the office of the Town Clerk at least seven days previous to this meeting. The Selectmen would state that, as there are no trees nor fences on said land to be removed, six days would be a reasonable notice to give the owner, and that at the expiration of that time the town will enter upon and make said street and way.
The land taken is all the property of Samuel A. Walker, and the Select- men, after carefully considering the subject, have awarded him damages in full in the sum of five hundred eighty-one 75-100 dollars.
All of which is respectfully submitted.
(File G, No. 60.)
Signed, JAMES BARTLETT, Chairman.
Voted, To accept and adopt the report.
REPORT OF SELECTMEN ON WIDENING THE NEW STREET WEST OF THE TOWN HALL.
The Selectmen would report that, in view of the future wants of the town in having a suitable and commodious street to accommodate the public travel to and from the new school-house now being erected on the town's land in rear of the Town Hall, after giving written and legal notice, at least seven days previous, to all persons concerned, proceeded on the 17th day of August, A. D. 1854, to widen the new street west of the Town Hall, and leading from Washington to School street, through- out its entire length, as follows, to wit :
Commencing at the stone post on Washington street at the west side of the entrance to said street, thence running in a straight line north- easterly one hundred and forty-nine feet on land of Ransom N. Weld to
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Special Meeting, September 18, 1854.
a stake on the present line of said street; thence turning and running southwesterly in a curved line on the present line of said street, bearing to the west as it approaches the termination to the first-named point of beginning, and containing five hundred and forty square feet, and belong- ing to Ransom N. Weld. The street is widened on the east side as fol- lows : Commencing at a stake on Washington street forty feet distant from the first-named point of beginning, thence running easterly in a straight line over land belonging to the town one hundred and sixty- three feet to land of John Gibbs; thence over land of said Gibbs one hundred and sixty feet to Mechanic place; thence turning and running northwesterly by the present line of said place ten feet to a stake at the corner of said place and street; thence turning and running southwesterly by the present line of said street one hundred and sixty feet to a stake; thence turning and running easterly ten feet to the first-named point of beginning on land of said Gibbs, and containing one thousand six hundred feet, and belonging to John Gibbs; the street then crosses Mechanic place, and is widened on both sides to School street by taking land of the town, so that the street as now wid- ened is forty feet wide throughout its entire length, as shown on the accompanying plan, drawn by John F. Edwards, and bearing date August, A. D. 1854, and filed in the office of the Town Clerk at least seven days before this meeting.
As there are neither trees nor fences on the land either of Mr. Gibbs or Mr. Weld, the Selectmen are of opinion that six days would be a reasonable notice to the owners, and that at the expiration of that time the town will enter upon and make said street.
The Selectmen would also recommend that the grade of said street be three feet below the sills of the Town Hall, instead of two, as recom- mended by a previous report upon said street.
After a careful consideration of the subject, the Selectmen have award- ed damages in full for Messrs. Gibbs and Weld, as follows: To Mr. Gibbs, in full for damages, the sum of three hundred and twenty dollars. To Mr. Weld, in full for damages, the sum of one hundred and eight dollars.
All of which is respectfully submitted.
(File G, No. 60.) JAMES BARTLETT, Chairman.
Voted, To accept and adopt the foregoing report.
REPORT OF THE SELECTMEN ON WIDENING SCHOOL STREET.
Your Selectmen would report that agreeable to the vote of the town passed at their annual meeting, A. D. 1853, instructing the Selectmen to widen School street, that after giving legal notice to all persons con- cerned, at least seven days previous, proceeded on the 15th day of August to widen said street, as follows :
Commencing to widen on the west side of said street at a stake on Harvard street (near the corner of School and Harvard streets) ; thence running westerly in a straight line across land of William Dearborn one hundred and sixty-seven feet to land of James M. Seamans; thence
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Brookline Town Records.
across land of said Seamans fifty-three feet six inches to land of William O. Churchill; thence across land of said Churchill ninety-two feet six inches to a stake on the present line of the street; thence turning and running easterly by the present line of the street to the first-named point of beginning, and taking one thousand two hundred and one square feet of land of Mr. Dearborn, one hundred and six square feet of land of . Mr. Seamans, and fifty-eight square feet of land of Mr. Churchill. They have widened it on the east side as follows : Commencing at a stake on the present line of said street and running westerly in a straight line over land of Mr. Oliver Cousens one hundred and eighty-seven feet to land of the town; thence turning and running northerly three feet to the present line of School street; thence turning and running easterly by the present line of the street to the first-named point of beginning, and con- taining two hundred and fifty-five square feet; thence crossing land of the town and the new street, it commences at a stake on the town's land, thence running westerly in a straight line one hundred sixty-six feet six inches to land of George S. Cushing; thence across land of said Cushing seventy-nine feet nine inches to land of - Webster; thence across land of said Webster and Hersey and Clement and the heirs of the late Mrs. Sarah Hall, curving at the junction of School with Washington street, and bearing south it stops at a stake on the present line of Waslı- ington street; thence turning and running in an easterly direction by the present line of the street to the town's land; thence turning and running southerly in a straight line seven feet to a stake on the line separating the town's land from the land of George S. Cushing, where it stops, tak- ing land as follows: From Geo. S. Cushing five hundred and ninety- four feet, - Webster six hundred feet, Hersey and Clement fifty-four feet, heirs of the late Mrs. Sarah Hall one thousand seven hundred and fourteen feet, all as shown on the accompanying plan, drawn by John F. Edwards, and filed in the office of the Town Clerk at least seven days before this meeting.
The Selectmen would recommend the filling up of the lower part of "School street, near its junction with Harvard street, according to a planl "of the same as drawn by Whitwell & Henks. They would also state that in their opinion thirty days would be reasonable notice to give Messrs. Dearborn, Seamans, Churchill, Cousens, Cushing, Webster, and Hersey «& Clement, to move all fences and trees now on the land taken to widen said street, and that at the expiration of that time the town will enter upon and widen said street. In consideration of the buildings to be moved, the Selectmen would state that in their opinion one year from this date would be reasonable notice to the heirs of the late Saralı Hall to move all buildings, fences and trees from the land taken to widen said street, and that at the expiration of that time the town will enter upon and widen said street.
All of which is respectfully submitted.
JAMES BARTLETT, Chairman. (File G, No. 60.)
Voted, To accept and adopt the foregoing report.
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Special Meeting, September 18, 1854.
The Selectmen then presented the following award of damages for land taken to widen School street, which was accepted, to wit :
The Selectmen, after carefully considering the subject, have awarded damages to the several individuals whose land has been taken to widen School street, it being in full for land damages, moving buildings and fences, as follows :
To Mr. William Dearborn, in the sum of one hundred ninety-
two dollars $192 00
" Mr. James M. Seamans, twenty-one dollars . 21 00
" Mr. Wm. O. Churchill, eleven 60-100 dollars 11 60
" Mr. Oliver Cousens, fifty-one dollars 51 00
" George S. Cushing, one hundred eighteen dollars 80-100 . 118 80
' " _- Webster, one hundred twenty dollars 120 00
" heirs of Mrs. Sarah Hall, one thousand dollars 1,000 00
Messrs. Hersey and Clement are considered benefited by the widening, and therefore they are not awarded anything. (File G, No. 60.)
The Third Article coming up, requesting that the avenues leading from Washington street to the Brookline Branch Railroad depot be laid out as townways, it was, on motion of Mr. William I. Bowditch-
Voted, That the Selectmen be requested to lay out as townways the avenues leading from Washington street to the railroad station, provided the same can be laid out with- out expense to the town of any kind, and that they be deliv- ered to the town in good condition.
Article Fourth coming up, to see if the town will repress the drinking and billiard saloon in the village, it was-
Voted, That the Selectmen be directed to use their utmost endeavors to effectually suppress the drinking and billiard saloon in the village, and for this purpose they may retain counsel, and to meet any expenses which may be incurred in the premises, the Treasurer is hereby authorized to bor- row, under their direction, not exceeding the sum of five hundred dollars, and that they carry out to the best of their ability the vote of the town passed at the annual meeting on the present subject, and employ the police if necessary.
484
Brookline Town Records.
Article Fifth coming up, to see what action the town will take in regard to truant children, Mr. William P. Atkinson presented the following By-Law, which was accepted and adopted :
BY-LAW OF THE TOWN OF BROOKLINE.
SECTION 1. The town of Brookline hereby adopts the two hundred and ninety-fourth chapter of the Laws of the Commonwealth for the year one thousand eight hundred and fifty, entitled An Act concerning Truant Children and Absentees from School; and also the two hundred and eighty-third chapter of said laws for the year one thousand eight hundred and fifty-two, entitled An Act in addition to an Act concerning Truant Children and Absentees from School.
SECTION 2. Any of the persons described in the first section of said act, on conviction of any of the offences therein described, shall be pun- ishable by a fine not exceeding twenty dollars or by commitment to the county jail or to such institution of instruction, house of reformation, or other suitable situation as may be provided, at the discretion of the Justice of the Peace having jurisdiction of the case and agreeable to the provisions of said act.
SECTION 3. A Justice of the Peace shall be selected at the annual town meeting to have jurisdiction of the offences set forth in said act. (File G, No. 61.)
Voted, That the By-Law be referred to the School Com- mittee to present to the Court of Common Pleas to be approved.
Sixth Article, to see if the town will procure a suitable safe for the custody of its books of records and papers.
Voted, That the Selectmen be directed forthwith to pro- cure a suitable safe for the custody of the town records, books, and papers, and that the expense thereof be drawn from the appropriation for contingencies or other appropria- tion not needed, heretofore made by the town.
The Seventh Article coming up, viz., to see if the town will authorize the Selectmen to transfer from any appropria- tion not needed to such as are, it was-
Voted, That the Selectmen be at all times authorized to draw warrants upon the Treasurer in payment of claims for which the town is legally responsible or for expenses which have been incurred by any committee of the town duly
485
Special Meeting, September 18, 1854.
authorized, although no specific appropriation may have been made by the town for such objects ; provided such warrants can be drawn against the appropriations for contingencies or other appropriations the full amount whereof may not be required otherwise.
The Eighth Article coming up, to see if the town will cause Washington street to be filled up at the north end of the railroad bridge, according to a plan drawn by Whitwell and Henks-
Voted, That the Selectmen and Highway Surveyor for that district be authorized to fill said street as they see by the plan.
The Ninth Article coming up, viz., to choose one Fence Viewer, the meeting made choice of Hugh M. Sanborn to be Fence Viewer, and he was sworn by the Town Clerk.
The Tenth Article, to see if the town will raise and appro- priate money to carry the foregoing objects into effect, com- ing up, it was-
Voted, That the Treasurer be authorized to borrow the sum of three thousand three hundred dollars to be appro- priated for land damages and grading the streets as widened by the Selectmen, as reported at this meeting.
The Eleventh Article coming up, to hear the reports of any committees, Mr. Samuel Philbrick presented the follow- ing report :
REPORT.
The Committee chosen by the town of Brookline at their annual meet- ing in March last, to take into consideration the petition of Thomas B. Hall in regard to stopping the tide-waters from flowing between the road running from the Boston Mill Dam to Brighton on the north and the Brookline Branch Railroad on the south, and report thereon at some future meeting, now ask leave to report :
That by early attention to the subject they found Amos A. Lawrence was anxious to have the proposed object effected without delay-who proposed to accomplish the same immediately, provided he could have reasonable and equitable aid from the town in defraying the expense, he having obtained the consent of all parties interested therein. From inquiries and examination of all the circumstances which came within the knowledge of your committee, we became fully satisfied that the town, as a corporation, would derive benefit and some saving of expense by thus having the tide-waters kept entirely away from the new county
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Brookline Town Records.
road called Beacon street, which, having been several times overflowed in some places, rendering travelling for a time unsafe, and washing away the surface, would otherwise have to be raised considerably above its present grade. We therefore felt warranted in giving encourage- ment to said Lawrence to expect some equitable aid from the town in defraying said expense. In consequence of which, Mr. Lawrence has caused the necessary closing up of water-courses and provided a suitable culvert and flood-gate under the road before named, running from the Boston Mill Dam to Brighton, at an expense of eight hundred dollars, one hundred dollars of which having been subscribed by the Mill Dam Corporation. The Boston and Worcester Railroad Corporation have also closed up the water-course across the Brookline Branch Railroad. Your committee are therefore united in the opinion that it would be equitable and just for the town to pay two hundred dollars to said Law- rence, provided he will give a suitable guarantee to maintain the con- tinued stoppage of the tide-waters as above described during the term of ten years. And we recommend that an appropriation for that purpose be made at the first town meeting when it can legally be done.
All of which is respectfully submitted. For the committee,
SAM'L PHILBRICK,
BROOKLINE, September 18, 1854. (File G, No. 62.) Chairman.
Voted, To accept and adopt the foregoing report.
Article Twelfth coming up, viz., to see what action the town will take in regard to disposing of the old school-house on Heath street by sale or otherwise-
Voted, That the Selectmen be authorized to sell the old school-house on Heath street to the best advantage.
Voted, That the way leading from Boylston to Walnut street be named Elm street.
Voted, That the new street on the west side of the Town Hall be named Prospect street.
Adjourned sine die.
Attest : B. F. BAKER, Town Clerk.
487
General Election, November 13, 1854.
GENERAL ELECTION, NOVEMBER 13, 1854.
WARRANT.
SEAL. 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 thirteenth day of November, inst., 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 and kept open not less than two hours, for the following purposes, to wit :
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 this County, a Representative to the Thirty-fourth Congress of the United States from the Fourth District, one County Commissioner for this County, and a Representative to the next General Court, if the town determine to send one; all to be voted for on one ballot.
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, on this fourth day of November, in the year one thousand eight hundred and fifty-four.
JAMES BARTLETT, JOHN C. ABBOTT, DAVID S. COOLIDGE, Selectmen of Brookline.
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Brookline Town Records.
NORFOLK, SS.
BROOKLINE, Nov. 9th, 1854.
By virtue of the within warrant, I have notified and warned the inhab- itants, legal voters of the town of Brookline, to meet at the time and place and for the purposes within named, by leaving a printed notice of the same at their last and usual place of residence.
(File G, No. 63.)
ELISHIA STONE, Constable of Brookline.
Pursuant with the foregoing warrant, the legal voters of the town of Brookline met in the Town Hall in said town, on Monday, November the thirteenth, at one o'clock in the afternoon, and were called to order by James Bartlett, Chair- man of the Selectmen, and the warrant and return were read by the Town Clerk.
Voted, To send a Representative to the next General Court.
The polls were then declared open for the reception of ballots for Governor and Lieutenant-Governor of this Com- monwealth, for three Senators for this County, a Represent- ative to the Thirty-fourth Congress of the United States from the Fourth District, one County Commissioner for this County, and a Representative to the next General Court, all to be voted for on one ballot.
At three o'clock, the polls having been kept open two hours, it was-
Voted, That the polls be closed at four o'clock,
-at which time they were declared closed, and the Select- men sorted and counted the ballots, and the whole number was three hundred and forty-one (341). And the whole number of votes were sorted, counted, and recorded, and declaration thereof made as by the Constitution is directed, and said votes were for the following persons, viz. :
Whole number of votes for Governor of this Commonwealth was three hundred and forty (340), to wit :
Charles Allen, of Worcester, one.
Wendell Phillips, of Boston, one.
Henry Wilson, of Natick, eight.
Henry W. Bishop, of Lenox, thirty-three.
Emory Washburn, of Worcester, ninety-nine.
Henry J. Gardner, of Boston, one hundred and ninety-eight.
489
General Election, November 13, 1854.
The whole number of votes for Lieutenant-Governor of this Common- wealth was three hundred and forty-one.
Increase Sumner, of Great Barrington, had eight.
Edmund Quincy, of Dedham, had one.
Caleb Stetson, of Braintree, had thirty-three.
William C. Plunket, of Adams, had ninety-nine.
Simon Brown, of Concord, had two hundred.
The whole number of votes for Senators was three hundred and thirty- nine, to wit :
William Aspinwall, of Brookline, had eighty-nine.
Edward Potter, of Braintree, had ninety-four.
N. J. Arnold, of Bellingham, had one hundred and five.
Bradford K. Pierce, of Roxbury, had two hundred and six.
Benjamin F. White, of Weymouth, had two hundred and twelve.
James E. Carpenter, of Foxboro, had one hundred and ninety-nine.
Bradford K. Pierce, of Roxbury, had six.
Thomas Kingsbury, of Needham, had two.
Ebenezer Eaton, of Dorchester, had thirty-three.
Laban Souther, of Cohasset, had thirty-three.
John Green, of Dedham, had thirty-three.
Charles D. Head, of Brookline, had one.
Charles Stearns, of Brookline, had one.
The whole number of votes for a Representative to Congress from the Fourth District was three hundred and forty-one, to wit :
William I. Bowditch, of Brookline, had one.
Samuel R. Spinney had thirty-three.
Samuel H. Walley, of Roxbury, had one hundred.
Linus B. Comins, of Roxbury, had two hundred and seven.
The whole number of votes for one County Commissioner for Norfolk County was three hundred and thirty-eight, to wit :
James M. Freeman, of Franklin, had eleven. Lucas Pond, of Wrentham, had thirty-three.
J. W. Miles, of Franklin, had ninety-four.
Bradford S. Farrington, of Wrentham, had two hundred.
The whole number of votes for Representative to the next General Court was three hundred and thirty-eight. Necessary for a choice, one hundred and seventy.
Marshall Stearns had one. William I. Bowditch had one.
George Babcock had thirty-three.
Ginery Twichell had eighty-seven.
David Wilder, Jr., had two hundred and sixteen, and was accordingly declared elected Representative to the next General Court.
In the voting the check-list was used, and no person was allowed to deposit his ballot until his name was found and checked on the list. (List on file G, No. 64.)
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Brookline Town Records.
The business of the meeting having all been transacted, the returns were filled up, signed by the Selectmen and Town Clerk, and sealed up in open town meeting and deliv- ered to the Town Clerk to forward to the office of the Secre- tary of the Commonwealth.
The meeting was then declared dissolved, by James Bart- lett, Chairman of the Selectmen.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
PERAMBULATION OF THE BOUNDARY LINE BETWEEN ROXBURY AND BROOKLINE, OCT. 4, 1854.
Be it remembered that on the 4th day of October, 1854, we, the sub- scribers, being authorized as the law directs, met and proceeded to per- ambulate the boundary line between the city of Roxbury and town of Brookline, viz. :
Beginning in the full basin at the junction-point of the boundary lines between the cities of Boston and Roxbury and the town of Brookline, thence in a direct line to the mouth of Muddy Brook (so called) ; thence by the channel of said brook, crossing and recrossing the Mill Dam Road (so called), to a stone monument on Washington street marked R. and B .; thence continuing by the channel of said brook through the estate of James O. Ward to a stone monument standing in the middle of said brook and forming the junction-point of the boundary lines between the city of Roxbury and the towns of West Roxbury and Brookline, said stone being marked R., W.R., and B.
All of which we agreed to and renewed the day and year before men- tioned.
JOS. N. BREWER,
JAMES BARTLETT,
GEORGE CURTIS, DAVID S. COOLIDGE,
CHARLES HICKLING, B. F. BAKER, Town Clerk,
Agents of the City of Roxbury. Agents of the Town of Brookline.
A true copy. (File G, No. 64.)
Attest : B. F. BAKER, Town Clerk.
491
Perambulation of Boundary Lines, 1854.
PERAMBULATION OF THE BOUNDARY LINES BETWEEN THE TOWNS OF BROOKLINE AND NEWTON.
We the undersigned, Selectmen of Newton and Brookline, hereby certify that we, this sixth day of November, A. D. 1854, perambulated the lines between said towns and fixed 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 bound between Roxbury, Brookline, and Newton.
2d. Thence to an iron monument marked N.B. on the large rock in land of Caleb Crafts.
3d. Thence to a stone monument marked N.B. on the north side of the road near and westerly from the saw-mill.
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