Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 41

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 41


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


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


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


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 south side of the 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 a stone monument, an abutment stone, marked N.B. at the end of the 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 monument marked N.B.B. on the south side in the embankment of the Charles River Railroad in land taken by said railroad of John -, which forms the boundary corner between New- ton, Brookline, and Brighton.


1


All of which bounds and monuments we have agreed to and renewed this day.


E. J. COLLINS, JAMES BARTLETT,


JAMES F. C. HYDE, JOHN C. ABBOTT,


JOHN B. F. FULLER, DAVID S. COOLIDGE,


GEORGE HYDE, Selectmen of Brookline.


Selectmen of Newton.


A true copy. (File G, No. 65.)


Attest : B. F. BAKER, Town Clerk.


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Brookline Town Records.


PERAMBULATION OF THE BOUNDARY LINE BETWEEN BROOKLINE AND BRIGHTON.


Be it remembered that on the 20thi day of November, 1854, we the subscribers, being authorized as the law directs, met and proceeded to perambulate the boundary line between the towns of Brookline and Brighton, viz. :


Beginning at Smelt Brook where it empties into Charles River, the centre of said river immediately opposite said brook being the beginning of the line between the two towns; thence following said brook to where the original stream crosses the Western avenue; thence from the point in said avenue through the swamp and water to a stone monument marked B.B. by the edge of the swamp; thence in a direct line to a stone monument marked B.B. standing on the southerly side of Harvard street (so called) ; thence to a stone marked B.B. set in the ground of Isaac Dearborn opposite the land now or late of the heirs of Jonathan Liver- more; thence to stone monument marked B.B. standing on the. easterly side of Washington street (so called) at the corner of the land of the heirs of the said Johnathan Livermore; thence to a stone monu- ment marked B.B. set in the wall at the corner of the land of James Dana and Timothy Corey; thence in a direct line to a stone monument marked B.B. on the westerly side of Brighton street (so called) nearly opposite the house of Joseph White; thence to a stone monument stand- ing in the Charles River Branch Railroad, formerly land of John Kings- bury, and marked B.B.N., forming the junction-point of the boundary lines between Brookline, Brighton, and Newton.


All of which we agree to and renewed the day and year aforenamed.


JAMES BARTLETT, JOHN C. ABBOTT, NATH'L MARTIN,


WM. R. CHAMPNEY,


DAVID S. COOLIDGE, DAVID COLLINS,


Selectmen of the Town of Brookline. Selectmen of the Town of Brighton.


B. F. BAKER, Town Clerk of Brookline.


A true copy. Attest : B. F. BAKER, Town Clerk. (File G, No. 66.)


493


Perambulation of Boundary Lines, 1854.


PERAMBULATION OF THE BOUNDARY LINES BETWEEN BROOKLINE AND WEST ROXBURY.


Be it remembered that on the 20th day of November, 1854, we the sub- scribers, being authorized as the law directs, met and proceeded to per- ambulate the boundary line between the towns of Brookline and West Roxbury, viz. :


Beginning at a stone monument standing in the middle of the brook running through the land of James O. Ward marked R., W.R. & B., being the junction-point of the boundary lines between the city of Roxbury and towns of Brookline and West Roxbury; thence following the centre of said brook and through land of Charles C. Perkins to a stone monument marked W.R.B. in the wall dividing said Perkins' land from land of Joseph Curtis ; thence following said wall northeasterly to a stone mon- ument marked W.R.B. standing in the fence between the land of Thomas Lee and Joseph Curtis; thence to a stone monument marked W.R.B. on Perkins street, West Roxbury, and Cottage street, Brookline; thence to a stone monument on the hill in the ground in Edward H. Robbins' land and marked W.R.B .; thence to a white-oak tree standing in the wall on land of Mrs. Wm. H. Eliot marked W.R.B .; thence by said wall to a stone monument marked W.R.B. standing on land of B. Lincoln; thence to a stone monument marked W.R.B. at the corner of Alvin Loker's lane; thence to a stone monument marked W.R.B. on the east side of Loker's land; thence to a stone monument marked W.R.B. in the wall on land of Willard A. Humphrey ; thence to a stone monument marked W. R.B. in the wall between the land of A. D. Weld and Randall; thence to a stone monument marked W.R.B. on the south side of Church street in West Roxbury and South street in Boookline; thence to a stone mon- ument at the foot of a tree in A. D. Weld's land and marked W.R.B. ; thence to a stone monument in John C. Gore's land marked W.R.B .; thence to a white-oak tree marked W.R.B. standing in the wall; thence across the swamp to a stone monument marked W.R., N.&B., which forms the corner boundary between West Roxbury, Newton, and Brookline.


All of which we agreed to and renewed the day and year before men- tioned.


JAMES BARTLETT, JOHN C. ABBOTT, DAVID S. COOLIDGE,


Selectmen of the Town of Brookline.


A true copy.


(File G, No. 67.)


FRANCIS C. HEAD,


WM. MACCARTY, Agt.,


Selectmen of the Town of West Roxbury.


Attest : B. F. BAKER, Town Clerk.


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Brookline Town Records.


ANNUAL MEETING, MARCH 19, 1855.


WARRANT.


SEAL.]


SEAL. ]


COMMONWEALTH OF MASSACHUSETTS.


SEAL.]


NORFOLK, SS.


To either of 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 Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Monday, the nineteenth day of March, current, at one o'clock in the afternoon, for the fol- lowing purposes, to wit :


First. To choose a Moderator.


Second. To choose the necessary town officers for the ensuing year.


. Third. To bring in their votes for County Treasurer.


Fourth. To hear and act upon the reports of town officers and com- 'mittees.


Fifth. To see what action the town will take in respect to repairing the upper part of Heath street.


Sixth. To see what action the town will take in respect to celebrating in a suitable manner its third semi-centennial anniversary.


Seventh. To see if the town will authorize its Treasurer to effect an insurance upon the school-houses of the town.


Eighth. To see if the town will instruct its School Committee to appoint a Superintendent of Public Schools, " to have the care and super- vision of said schools, under the direction and control of said School Committee," agreeable to an Act of the Legislature, passed April 15, 1854.


Ninth. To see if the town will erect public scales at the corner of Harvard and Beacon streets.


Tenth. To see if the town will procure a new set of hose for the engine, and a suitable place for the safe keeping of the hydrant-hose carriage.


Eleventh. To see if the town will appropriate money to procure and place a suitable safe in the Town Hall for the preservation of its books of record and papers.


Twelfth. To see if the town will pass a by-law or make an order relat- ing to obstructions in the highways.


.


Annual Meeting, March 19, 1855.


495


Thirteenth. To make such appropriations as may be called for in the reports of any committees for objects heretofore authorized by vote of the town.


Fourteenth. To select a Justice of the Peace to attend to the cases of truant children, agreeable to a by-law adopted by the town September 18, 1854.


Fifteenth. To see if the town will cause the By-Laws of the Town to be reprinted and distributed to the inhabitants.


Sixteenth. To grant and appropriate such sums of money as may be deemed necessary to meet the expenditures of the town for the coming 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 aforesaid, this


ninth day of March, in the year of our Lord one thousand eight hundred and fifty-five.


JAMES BARTLETT, JOHN C. ABBOTT, Selectmen of Brookline.


NORFOLK, SS.


BROOKLINE, March 15th, 1855.


By virtue of the within warrant, I have notified and warned the legal voters of the town of Brookline to meet at the time and place and for the purposes within mentioned, by leaving a printed notice of the same at their last and usual place of abode.


(File G, No. 68.)


ELISHA STONE, Constable of Brookline.


Pursuant to the forgoing warrant, the inhabitants of the town of Brookline assembled at the Town Hall in said town on the afternoon of Monday, March the nineteenth, eighteen hundred and fifty-five, and were called to order'at ten min- utes past one o'clock, by B. F. Baker, the Town Clerk, who read the warrant and return thereon, and presided during the election of Moderator.


The meeting being requested to bring in their votes for Moderator, which was accordingly done, and resulted in the election of William I. Bowditch for Moderator, and he accordingly took the chair, and proceeded to take up so much of the warrant as would enable the meeting to choose a Town Clerk.


496


Brookline Town Records.


The votes for Town Clerk being called for, the whole number cast was sixty-four. B. F. Baker had sixty-three, and was declared elected, and was sworn to the faithful dis- charge of his duties by the Moderator.


The meeting was then called to order by the Moderator, and prayers were offered by the Rev. Matson M. Smith.


The Fourth Article in the warrant-


To hear and act upon the reports of town officers and committees,


-was then taken up, and reports were called for.


James Bartlett, Chairman of the Selectmen, then presented the following report, which was accepted, to wit :


REPORT.


According to the laws of the Commonwealth, the Selectmen submit the following report of the places where guide posts and boards are erected and maintained by the town :


There is a guide post and board thereon standing at the junction of Washington and Boylston streets, directing to Brighton and Newton Upper Falls.


One on the corner of Boylston and Heath streets, directing to Worces- ter, Newton, and Dedham.


One at the corner of Boylston and Brighton streets, directing to Brighton.


One at the corner of Boylston and Cross streets, directing to Newton Upper Falls, Newton, and Brighton.


One at the corner of Heath and Warren streets, directing to Newton, Dedham, and Brighton.


One at the corner of Clyde and Warren streets, directing to Dedham and Brighton.


One at the corner of Clyde and Newton streets, directing to Brighton, Newton, and Dedham.


One at the corner of Grove and Newton streets, directing to Roxbury and Dedham.


One at the corner of Grove and South streets, directing to Brighton.


One at the corner of South and Newton streets, directing to Dedham, Newton, and Brighton.


One at corner of Warren and Cottage streets, directing to Dedham and Jamaica Plain.


One at corner of Warren and Walnut streets, directing to Jamaica Plain.


One at corner of Washington and Harvard streets, directing to Brigh- ton and Cambridge.


One at corner of Sewell's avenue and Harvard street, directing to Cambridge and Cambridgeport.


497


Annual Meeting, March 19, 1855.


One at the corner of Washington and Beacon streets, directing to Boston, Newton Centre, Brighton, and Roxbury.


One at the corner of Harvard and Beacon streets, directing to Boston, Newton Centre, Cambridge, and Cambridgeport.


One at the corner of Beacon street and Western avenue, directing to Newton Centre.


All of which is respectfully submitted.


(File G, No. 69.)


JAMES BARTLETT, Chairman of the Selectmen.


The School Committee's report, which had been printed and circulated, was then accepted without reading. (File G, No. 69.)


The Treasurer's report, which had been printed and circu- lated, was accepted without reading. (File G, No. 69.)


The committee on surveying the streets of the town, pre- sented the following report, without reading :


REPORT.


The committee appointed to procure a survey and plans of the streets of Brookline, report that soon after their appointment they made an agreement with Mr. John B. Henk, of the firm of Whitwell & Henk, civil engineers, to proceed with the work. During the summer and early part of the autumn, he completed the survey of and plans of Washington street and Harvard street. His plans, though regarded as very accurate and highly valuable, were finished so slowly that the committee dis- pensed with his services upon the completion of these streets.


They afterwards contracted with Mr. Henry Curtis to survey and make a plan of Walnut street, which he finished in a neat and correct manner.


These streets, and School street, which had been surveyed by Mr. Henk as a specimen, and plotted on a scale of 30. feet to the inch, making 25 plans in all, and we believe to be sufficiently minute to enable the town to detect any future encroachments upon the highways if any should happen by the removal of the existing walls and fences.


The plan and location of Beacon street filed by the County Commis- sioners with their check when it was laid out, rendered it unnecessary to make such a survey and plans of that street.


During the last season the demand for engineers on the railroads and other public works was so great as to render the cost of these careful surveys expensive, and the committee thought it prudent to defer for the present similar plans of the other streets where there seemed to be less danger of encroachments being made.


They have these plans reduced to a scale of - feet to the inch, and connected together in a map, to which they caused all the other streets and courts to be added, both public and private, as far as and including Brighton street, with all the houses situated thereon. They recommend that this map be completed by adding all the other streets and houses


32


498


Brookline Town Records.


in town, and that it be carefully preserved, so that all streets and ways hereafter laid out by individuals or by public authorities may from time to time be added. They also recommend that a reduced map of the town be made from this, which is too large to be conveniently litlio- graphed, and three hundred copies be struck off for the use of the inhab- itants of the town, to be furnished to them at such prices as the Sclect- men or the town by vote may determine.


To carry out these recommendations, they ask an appropriation of seven hundred dollars, which will, in their opinion, cover all necessary expenses.


BROOKLINE, March 19, 1855. -


(File G, No. 70.)


GEO. GRIGGS, For the Committee.


The committee appointed to erect a new brick school- house upon the town's land, submitted the following report, which was accepted :


REPORT.


The committee appointed by the town to erect upon the town's land a school-house, etc., respectfully report, in part, as follows :


The appropriation for this object was fifteen thousand dollars. The contract price of the school-house is thirteen thousand dollars, exclusive of furnaces, outbuildings, and excavations for the cellar. On this con- tract your committee have paid the sum of seventy-five hundred dollars ($7500), and they have expended for excavations and removal of earth for well and other purposes, the sum of sixteen hundred and three dol- lars and fourteen cents ($1603.14), being a total of nine thousand one hundred and fourteen dollars and fourteen cents ($9114.14), the several items of which appear in the report of the Town Treasurer. There will be due to the contractors, when the building is finished, the sum of fifty- five hundred dollars ($5500), and there is a balance in the town treasury to the credit of this appropriation of $5885.86 (fifty-eight hundred and eighty-five dollars and eighty-six cents). The committee request an additional appropriation of four thousand dollars ($4000), to cover expenses of outbuildings, furnaces, furniture, fencing and grading, and finishing complete the buildings and grounds, which items are now mostly under contract. It is expected tlie buildings will be ready for occupancy by the first of May next.


By order of the committee,


BROOKLINE, March 19th, 1855. JOHN C. ABBOTT, Chairman.


(File G, No. 71.)


The committee offer the following resolutions :


Voted, To make an additional appropriation of four thou- sand dollars ($4,000) for furnishing and completing the new school-house and outbuildings now in process of erection on


499


Annual Meeting, March 19, 1855.


the town's land and for fencing and grading the school-house lot, and that this sum be raised by taxation the present year.


Voted, That the Treasurer be authorized to borrow the above-named sum as it may be called for by the Building Committee, in anticipation of taxes.


The Second Article in the warrant was then taken up, and the meeting voted to choose three Selectmen for the ensuing year. The polls were accordingly opened, and the voters present proceeded to bring in their votes for Selectmen.


The whole number of votes cast was one hundred. James Bartlett had one hundred, Marshall Stearns had one hun- dred, Howard S. Williams had eighty-five, and they were accordingly declared elected, and were sworn to the duties of that office by the Moderator.


Voted, That the Selectmen be the Overseers of the Poor.


Voted, To choose three Principal and three Assistant Assessors for the ensuing year.


The whole number of votes cast was one hundred and twenty-one, and Willard A. Humphrey, Jerathmael Daven- port and Frederick J. Williams were chosen Principal Asses- sors, and Wm. H. Jameson, Thomas B. Hall and George Craft were chosen Assistant Assessors for the ensuing year. Messrs. W. A. Humphrey, J. Davenport, Fred. J. Williams and Thomas B. Hall were sworn to the faithful discharge of the duties of that office by the Moderator.


The meeting then proceeded to vote for Town Treasurer, and the whole number cast was one hundred and one, and Moses Withington had one hundred and one and was declared elected, and was sworn to the faithful discharge of the duties of the office by the Moderator.


Voted, That the Treasurer be Collector of Taxes.


Voted, To choose a School Committee of seven for the ensuing year.


The whole number of votes was one hundred and thirty- eight. Rev. John S. Stone had 130, Rev. Matson M. Smith had 130, Rev. Fred. N. Knapp had 130, Rev. T. B. Hay- ward had 130, Edward A. Wild, M. D., had 130, Wm. A. Wellman had 130, Charles Warren (Washington street,)


500


Brookline Town Records.


had 102, and they were declared duly elected to the office of School Committee for the ensuing year.


Voted, To choose three Highway Surveyors for the ensu- ing year.


The whole number of votes was one hundred and one. William J. Griggs had 97, Thomas C. Quimby had 98, John W. Warren had 97, and were declared duly elected and sworn to the duties of that office by the Moderator.


Voted, To choose seven Constables for the ensuing year.


The whole number of votes was one hundred and four. Augustus Allen had 104, Elisha Stone had 96, Hugh M. Sanborn'had 104, Joseph Bradley had 88, John Dustin had 85, Sam'l L. Lyford had 84, F. Henry Corey had 99, and they were declared duly elected ; and Messrs. Augustus Allen, Elisha Stone, H. M. Sanborn, John Dustin, S. L. Lyford, were sworn to the duties of the office by the Mod- erator.


Voted, Not to choose Tythingmen.


Voted, To choose fifteen Field Drivers for the ensuing year. The meeting then nominated and chose George W. Bird.


Voted, That the board chosen at the annual meeting last year constitute the board for the ensuing year, consisting of the following gentlemen, viz. : Marshall Russell, Rufus S. Allen, Charles G. Colbath, Simon Warren, Jerathmael Dav- enport, Horace James, George W. Bird, Geo. Griggs, David H. Daniels, Moses Jones, Jr., Wm. H. Jameson, Charles Burrell, William O. Churchill.


Messrs. Clark L. Haynes and Thomas C. Quimby were chosen Fence Viewers.


Messrs. Elisha Stone, J. Anson Guild and David S. Cool- idge were chosen Surveyors of Lumber and Measurers of Wood and Bark.


Mr. Charles Tolman was chosen Sealer of Leather.


Mr. Charles Smith was chosen Pound Keeper.


Messrs. Jesse Bird, Sam'l Philbrick and Harrison Fay were chosen Cemetery Committee.


Messrs. Charles D. Head, Charles W. Scudder and Ed- ward Atkinson were chosen Auditors.


501


Annual Meeting, March 19, 1855.


Messrs. Augustus Allen, Charles L. Palmer and Wm. J. Griggs were chosen Fire Wards.


The meeting then brought in their votes for County Treasurer. The whole number cast was sixty-four (64), all for Chauncy Churchill, of Dedham, and the result was so declared in open town meeting, and return of the same was made under seal to the Clerk of the Court of Common Pleas for the County of Norfolk by the Town Clerk of Brookline.


In all the voting by ballot the check-list was used. (File G, No. -. )


Reports of committees were then called for by the chair, and George F. Homer presented the following report :


REPORT.


The committee appointed by the town, October 14th, 1852, to take charge of the legal proceedings instituted in the Supreme Court by the Boston and Worcester Railroad Corporation to test the validity of the laying out of Beacon street across the bed and track of said railroad on a level therewith, respectfully report that this case was argued before the full bench of the Supreme Court of this State at the October term thereof for the County of Norfolk, and that the Court now have the same under advisement.


The railroad company considered this case as the most important one that they ever had for judicial investigation, and they spared no pains or expense in preparing and pressing their case to the Court. They viewed and treated the case as a test case. The Hon. Richard Fletcher appeared for the corporation, and the Hon. Rufus Choate for your com- mittee.


The expense incurred by the committee in defending the laying out of Beacon street amounts to a total sum of one thousand dollars, of which the County Commissioners have agreed to pay from the County Treas- ury the sum of four hundred dollars, leaving a balance of six hundred dollars ($600) to be provided for by the town, and the committee accord- ingly ask from the town an appropriation of six hundred dollars for this object. This amount will pay for the counsel fees and expenses thu's far incurred in the case. And as the law was so fully discussed and argued at the hearing before the full bench at the October term of the Supreme Court for Norfolk County, it is not probable any more expense will be incurred in the legal proceedings now pending.


The committee, in view of the great importance of this subject to the general system of highways throughout the State, would recommend that they be authorized by the town to make application to the General Court for such legislation on this subject as may attain and secure the end desired.


BROOKLINE, March 19, 1855.


(File G, No. 72.)


For the Committee,


GEO. F. HOMER, Chairman.


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Brookline Town Records.


Voted, To accept the report and that the subject be . referred back to the same committee to apply to the Legis- lature for a law on the subject, as recommended in the report.


Article Fifth was then taken up, to wit :


To see what action the town will take in respect to repairing the upper part of Heath street.


Voted, That the sum of one hundred dollars be added to the appropriation for highways, to be expended for that object.


The Sixth Article coming up, viz. :


To see what action the town will take in respect to celebrating in a suitable manner its third semi-centennial anniversary,


-it was-


Voted, That a committee of twelve citizens be chosen to take the matter under consideration, and report at a future meeting.


Voted, That the committee be appointed by the chair.


The chair accordingly appointed the following gentlemen to constitute said committee : Messrs. Thomas Griggs, Otis Withington, John Howe, Charles Wild, Amos A. Lawrence, Samuel Craft, Timothy Corey, James Robinson, Abijah W. Goddard, Samuel Clark, Charles Heath, Jerathmael Daven- port.


The Seventh Article coming up, viz. :


To see if the town will authorize its Treasurer to effect an insurance upon its school-houses,


-it was-


Voted, That the Selectmen be and hereby are instructed to insure the four new school-houses for three-fourths their value.


The Eighth Article was then taken up, viz. :


To see if the town will instruct its School Committee to appoint a Superintendent of Public Schools "to have the care and supervision of said schools, under the direction and control of the School Committee," agreeable to an Act of the Legislature passed April 15, 1854.


503


Annual Meeting, March 19, 1855.




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