USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1858-1871, v. 2 > Part 38
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To see if the town will provide places for watering animals by the sides of the streets.
The Selectmen, to whom the Eleventh Article was referred, submitted the following report, viz. :
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Brookline Town Records.
REPORT.
The only statute upon the subject is the Act of 1870, chapter 119. By this Act the Selectmen are authorized on the application of any person to permit him to establish upon or near the highway a suitable watering- place, and to pay him not exceeding five dollars a year so long as said watering-place is maintained. The Selectmen do not feel clear that the town has the right to appropriate money for the establishment of water- ing-places in any other manner than that provided for in the statute. They believe, however, that such watering-places would be of great public utility, since the town has built over almost all the brooks that flow across the highways, and which, so long as they remained open, were largely used by the horses and cattle driven through the town.
CHARLES D. HEAD, Chairman.
Voted, To accept the foregoing report. The Twelfth Article taken up :
To see what action the town will take in relation to changing the grade of Brighton avenue from the Brighton line to St. Mary's street.
The Selectmen, to whom was referred the subject of the Twelfth Article, submitted the following report, viz. :
REPORT.
That it is inexpedient to take any action thereon at present.
CHARLES D. HEAD, Chairman.
Voted, To accept the foregoing report.
The subject of the by-laws, as reported by the committee, was taken up, and the several provisions of said by-laws were considered, examined, and discussed.
Voted, That the report on by-laws be recommitted to the same committee for further consideration, and that they give a public hearing thereon, and report at a future meeting.
On motion of B. F. Baker, it was-
Voted, That a committee of seven be appointed by the Moderator to take into consideration the subject of procur- ing one or more lots of land for public commons and suitable for playgrounds, in situations convenient to the schools of the town, and to report at the next business meeting of the town; and that said committee cause a meeting of the town to be called for the purpose of reporting their action in relation to said subject.
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Adjourned Annual Meeting, April 10, 1871.
The Moderator appointed as said committee the following gentlemen, viz. : Amos A. Lawrence, Thomas Parsons, John W. Candler, Edward Atkinson, Alanson W. Beard, Willard A. Humphrey, and Edward I. Thomas.
Voted, That the committee give a public hearing on the subject of playgrounds or commons.
Voted, That the sum of one thousand six hundred dollars ($1,600) be added to the appropriation for schools.
Voted, That the sum of eight thousand dollars ($8,000) be added to the appropriation for sidewalks.
Voted, That the money received from the abutters for the purpose of making sidewalks, be and hereby is appro- priated to the purpose of making sidewalks, and subject to the orders of the Selectmen.
Voted, That the sum of three thousand dollars ($3,000) be added to the appropriation for discount on taxes.
Voted, That a discount of five per cent be allowed on all taxes paid on or before the first day of October, provided that no discount be allowed on a fractional part of a dollar.
Voted, That the various appropriations made by the town, including those for the purpose of making and repairing highways and townways, be assessed, after deducting the amount in the treasury and the probable receipts for the ensuing year, amounting to the sum of twenty thousand dol- lars, upon the polls and estates, real and personal, of the inhabitants, resident and non-resident, of the town, and col- lected as the town charges are usually charged and collected.
The subject of making Boylston street, as ordered by the County Commissioners, was taken up and considered.
Plans of making and grading said street, as made by Edward S. Philbrick, civil engineer, which showed the grade of Bradley's Hill as reduced by said plans, were examined, as also estimates of the amount of material to be moved and the probable cost of the same.
Voted, That the making and grading of said street be referred to the Selectmen.
Voted, That the sum of twenty-seven thousand dollars be raised and appropriated to the purpose of making and grad-
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Brookline Town Records.
ing Boylston street, to be borrowed under the direction of the Selectmen.
Voted, That the Town Treasurer is authorized to borrow the sum of twenty-seven thousand dollars for the purpose of making and grading Boylston street, giving the note or notes of the town therefor, countersigned by the Select- men, in such sums and at such times as called for by said Selectmen.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, MAY 2, 1871.
SEAL. | WARRANT.
SEAL. SEAL.
SEAL.
COMMONWEALTH OF MASSACHUSETTS.
SEAL. 1
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 the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Tuesday, the second day of May next, at three o'clock in the afternoon, for the follow- ing purposes, to wit :
First. To choose a Moderator.
Second. To see if the town will vote that no person shall be allowed to sell ale, porter, strong beer, lager-beer in said town.
Third. To see if the town will make an appropriation to aid in the celebration of Decoration Day.
Fourth. To consider and adopt the by-laws prepared by the committee appointed June 23d, 1870.
Fifth. To see if the town will appropriate money for watering-places for cattle.
Sixth. To consider the subject of supplying the town with pure water.
Seventh. To see if the town will make a further appropriation for grading and fencing the Ward school-house lot.
487
Special Meeting, May 2, 1871.
Eighth. To consider the subject of procuring land for a cemetery.
Ninth. To consider the subject of the new town maps.
Tenth. To make further appropriations for highway purposes.
Eleventh. To act upon the report of the committee appointed at the last annual meeting, upon the subject of procuring land for public com- mon or playgrounds, and to raise and appropriate money for this and any other purpose named in this warrant, by the sale of the bonds or other obligations of the town, and to approve the form of such obli- gations.
Hereof fail not, and make due return of this warrant with your doings thereon, to the Selectmen, four days at least before the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this twenty-fourth day of April, in the year of our Lord eighteen hundred and seventy-one.
.
HORACE JAMES, WM. ASPINWALL, JAMES W. EDGERLY, C. K. KIRBY, Selectmen of the Town of Brookline.
NORFOLK, SS.
BROOKLINE, April 17th, 1871.
In pursuance of the foregoing warrant, I have notified and warned the legal voters of the town of Brookline to meet at the time and for the pur- poses within named, by leaving a printed copy of the same at their last and usual place of residence, four days at least before the day of said meeting.
J. P. SANBORN, Constable.
In pursuance of the foregoing warrant, the citizens of the town of Brookline met at the Town Hall in said town, on Tuesday, the second day of May, in the year of our Lord eighteen hundred and seventy-one, and were called to order at three of the clock in the afternoon, by the Town Clerk, who proceeded to read the warrant calling said meeting and the return thereon of the officer who served the notices.
The First Article was then taken up :
To choose a Moderator.
Voted, To choose by nomination.
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Brookline Town Records.
The meeting then nominated and chose for Moderator George F. Homer, and he took the chair.
Second Article taken up, to wit :
To see if the town will vote that no person shall be allowed to sell ale, porter, strong beer, lager-beer in said town.
Voted, That the polls be opened for the reception of votes on the foregoing article and be kept open until four of the clock, and that the check-list be used during said voting, and that none be allowed to vote whose name was not on the list.
The polls were then declared open for the reception of votes, and were kept open until four of the clock, when, after giving notice and an opportunity for any person qualified to deposit his vote if he desired so to do, they were declared closed.
The Moderator and Town Clerk then proceeded to sort and count the votes so given in, and the whole number given in was one hundred and thirty-nine, and were as follows, to wit : Yeas, eighty-six (86) ; Nays, fifty-three (53) ; and declaration of the same was made in open town meeting.
In the voting the check-list was used, and no person was allowed to deposit his vote until his name was found on the list and checked.
On motion of Alfred Kenrick, it was-
Voted, That the Selectmen be requested to instruct the police to enforce the law against the sale of spirituous and malt liquors.
Third Article taken up :
To see if the town will make an appropriation to aid in the celebration of Decoration Day.
Voted, That the sum of two hundred dollars be raised and appropriated to aid in the celebration of Decoration Day, and that said sum be placed at the disposal of Post 143, G. A. R., to be used for that purpose.
Fourth Article taken up :
To consider and adopt the by-laws prepared by the committee appoint- ed June 23d, 1870.
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Special Meeting, May 2, 1871.
Thomas Parsons, Esq., for the committee, presented the following code of by-laws, which were taken up and con- sidered, and adopted section by section, to wit :
BY-LAWS OF THE TOWN OF BROOKLINE.
FINANCIAL CONCERNS OF THE TOWN.
SECTION 1. The financial year shall begin on the first day of February, and end on the thirty-first day of January ; and it shall be observed in all cases by all persons in making and settling contracts with the town.
SECT. 2. No bills of any kind shall be paid by the Town Treasurer unless contracted in pursuance of a vote of the town, or unless the same shall have been previously approved by the Selectmen, the School Com- mittee, or by some other board or committee duly authorized to contract on behalf of the town.
SECT. 3. All bills for the support of schools, and all claims for the support of paupers, shall be presented to the Treasurer and paid quar- terly, viz., on the first Monday of May, August, November and February.
NOTIFICATION OF TOWN MEETINGS.
SECT. 1. Printed notifications of all annual town meetings shall be left at the place of residence of every legal voter in the town at least four days before the day upon which the meeting is to be held; all other town meetings may be notified by printed notices, posted in at least twenty public places in the town, and by publication in any newspaper published in the town or in the city of Boston, and that said publication be at least twenty-four hours before the time of said meeting.
SECT. 2. The notification shall in all cases contain an enumeration of all the subjects specified in the warrant.
CONVEYANCES OF TOWN PROPERTY.
SECT. 1. The Town Clerk, under the direction of the Selectmen, shall have the custody of the town seal.
SECT. 2. All conveyances under seal which may hereafter be executed on behalf of the town, pursuant to a vote of the town or otherwise, shall be sealed with such common seal and subscribed by the whole Board of Selectmen for the time being.
SECT. 3. The Town Clerk shall keep a true copy (in a book to be kept for such purposes alone) of all deeds or other instruments executed by the Selectmen in accordance with the provisions of this by-law.
TAXES.
SECT. 1. All taxes shall be assessed in the month of May in each year, and the tax bills shall be delivered as soon as the assessment is com- pleted.
SECT. 2. All taxes shall be paid on or before the first day of October in each year, unless otherwise ordered by the town, except bills for poll taxes only, which shall be paid on presentation thereof.
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Brookline Town Records.
SECT. 3. The Assessors shall keep a record of all abatements of taxes, the names of the persons taxed, and the reasons for and amounts of abatements.
SECT. 4. In all cases where tax bills are not paid at the time specified in the second section, it shall be the duty of the Collector forthwith to issue a summons to each delinquent, and if such delinquent does not pay the amount of his tax within ten days after the issuing of the summons, with twenty cents more for the summons, the Collector shall issue his warrant to an officer, who shall forthwith proceed to collect the amount due in a manner provided by law. Six per cent interest shall be charged on all tax bills from the time they respectively become due until paid, unless otherwise determined by the town.
FIRE DEPARTMENT.
SECT. 1. Until otherwise provided, there shall be one Engine Company and one Hose Company and one Hook and Ladder Company. No person shall be appointed except he is eighteen years of age and a resident in the town; nor shall any one be appointed for a less term than three months.
SECT. 2. Each company shall have a Foreman, an Assistant Foreman and a Clerk, who shall be chosen by such company annually, at a meeting to be held in May, subject to the approval of the Board of Engineers.
SECT. 3. It shall be the duty of the Foreman to see that the engines and apparatus and engine houses are all kept neat, clean and in order for immediate use.
SECT. 4. It shall be the duty of the Clerk to keep a record (in a book to be provided by the Engineers) of the names of all the officers and members of the companies, specifying the times of appointment, dis- charge, and age of each member, and the absence of each from all fires in this town, and from the monthly meetings provided for in the sixth section; and also a full account of the town property in charge of the companies ; this book to be always subject to the control and inspection of the Engineers, and to be actually submitted to their inspection some time in the months of February and July in each year. In the course of the same months the Clerk is to deliver to the Town Treasurer a certified list of the officers and members of the companies, specifying the number of times (if any) each officer or member has absented himself as afore- said.
SECT. 5. Each company shall perform all duties by law required to be performed by engine-men, and shall use their best endeavors, in as orderly and quiet a manner as possible, to extinguish all fires which may break out in this town. And in no instance shall the engines or apparatus leave the town without the consent of one or more of the Engineers of the town.
SECT. 6. On the return of the apparatus from the fire, the same shall be well and securely taken care of, and once a month the companies shall meet for the purpose of examining the state of the engine and apparatus and see if the same are in good repair and ready for use.
SECT. 7. The officers and members shall quarterly receive from the Town Treasurer, in full for their services, such compensation as the Selectmen may from time to time by vote determine. Provided, that no
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Special Meeting, May 2, 1871.
member not appointed as provided in the first section and no officer not appointed as provided in the second section shall receive any portion of such compensation.
SECT. 8. No claims whatever on account of said company, its members or officers shall be paid by the Town Treasurer, except the compensation provided for by the seventh section.
SECT. 9. The members of the companies are not to meet in their respective houses for any purpose except those properly and reasonably connected with their duty as firemen, unless by permission of the Board of Engineers ; and no distilled or fermented liquors shall be used at any meeting whatever which shall be held in the engine houses .. At any time when in the judgment of the Engineers the public good will be advanced thereby, all or any portion of the companies, their officers or members, may be dismissed from the service, or the companies disbanded by the Selectmen.
SECT. 10. No person shall, without right, take away or cause to be removed from any engine house or other building in this town, or in any way interfere with any fire engine, hose carriage, ladder carriage, or any hooks, ladders, hose or other apparatus for extinguishing fires or con- nected with any engine company (said property belonging to this town) without the consent of the engineers or officers of any engine company or members thereof duly authorized or one of the Selectmen of the town ; and every person offending against the provisions of this section shall be liable to pay a fine of not less than five dollars nor more than twenty dollars for each offence, to be paid into the treasury of the town. Pro- vided, however, that nothing in this section shall be so construed as to apply to any case where the taking of such property is with the intention to steal the same.
SECT. 11. No person shall, without right, enter into any of the build- ings belonging to this town which are used for engine houses or the storage of apparatus connected with extinguishing fires, without the consent of the engineers or officers of any engine company. Any person offending against the provisions of this section shall be liable to a fine of not less than five nor more than twenty dollars for each offence, to be paid into the treasury of the town. Provided, however, that nothing in this section shall be so construed as to apply to any case where the entry is with the intent to commit larceny.
HIGHWAYS.
SECT. 1. All persons intending to erect, repair, or take down any building, on land abutting on any way which this town is obliged to keep in repair, and who desires to make use of any portion of said way for the purpose of placing thereon building materials or rubbish, shall, ten days at least before so placing any building materials or rubbish, give notice in writing to the Selectmen of such wish. And thereupon the Selectmen may grant a permit to occupy such portion of said way to be used for such purposes as in their judgment the necessity of the case demands and the security of the public allows ; such permit in no case to be in force longer than ninety days, and to be on such conditions as the Selectmen may require.
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Brookline Town Records.
SECT. 2. It shall be the duty of every person to whom any such permit may be granted to place all his building materials and rubbish on the place designated by the Selectmen ; and during the whole of every night, from twilight in the evening until sunrise the next morning, to keep lighted lanterns so placed as effectually to secure all travellers from liability to come in contact with such materials or rubbish.
SECT. 3. In case any person shall use any portion of such way for the purposes mentioned in the first section without the permit in writing of the Selectmen as therein provided, or for a longer time than so per- mitted, or shall fail to comply with the requisitions of the first and second sections, the party so in default shall forfeit and pay into the town treasury ten dollars for each offence, and shall also reimburse the town all expenses by way of damages or otherwise which the town may be compelled to pay by reason of the way being encumbered.
SECT. 4. No wooden building more than ten feet high shall be moved over any way in this town which this town is obliged to keep in repair without the written permit of the Selectmen being first obtained; and any person so moving or assisting in moving any such building without such permit being first obtained, or any such person who shall not com- ply with the restrictions and provisions which the Selectmen may think the public security demands, shall forfeit and pay into the town treasury, for every such offence, twenty dollars; provided such restrictions and provisions are set forth in the permit; provided, also, that the Select- men shall in no case grant a permit for the removal of any building whatsoever which in the course of its removal will be likely to damage any trees, the property of individuals, whether standing in the road or in the field, unless the consent of such individuals is first had and obtained.
SECT. 5. In case any building shall be moved contrary to the provis- ions of the fourth section, the owner of the building shall reimburse the town all expenses by way of damages or otherwise which the town may be compelled to pay by reason of the way being encumbered.
SECT. 6. Whoever shall coast upon sleds in any of the streets or upon any of the sidewalks in this town, shall forfeit and pay into the town treasury for each offence a sum not less than one dollar and not more than five dollars, to be paid by each offender or his or her parents or guardian, respectively.
SECT. 7. No person having charge of any beast with intent to drive the same shall suffer or permit any such beast to run, gallop, trot, pace or go at any rate exceeding eight miles to the hour through any way, avenue or street in this town; and if any person shall violate the pro- visions of this by-law, he or she shall be liable to a fine of not less than five dollars nor more than twenty dollars for each offence, to be paid into the treasury of the town.
SECT. 8. No horses or other grazing cattle or swine shall be suffered to run at large in this town or to feed by the roadside, either with or without a keeper ; and for every such animal so suffered to run at large, not having a keeper, or to feed by the roadside either with or without a keeper, the owner shall forfeit and pay into the town treasury five dol- lars for every such offence.
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Special Meeting, May 2, 1871.
SECT. 9. No person shall drive, wheel or draw any coach, cart, wheel- barrows, handcarts, velocipedes, or any carriages of burden or pleasure (except children's carriages drawn by hand and containing children only), or permit any horse, cattle, swine or sheep under his or her care to go upon any sidewalk in the town or otherwise occupy, obstruct, injure or encumber any such sidewalk so as to interfere with the conven- ient use of the same by all passengers. No person shall stop his team or carriage or unnecessarily place any other obstruction on any foot- crossings laid in or across any public ways in the town.
SECT. 10. No person shall behave himself in a rude or disorderly manner, nor use any indecent, profane or insulting language, in any public place in the town, or near any dwelling-house or other building therein, or be or remain upon any sidewalk or upon any door-step, portico, or other projection from any such house or other building, to the annoyance or disturbance of any person, nor shall any person by any noise, gesture, or other means, wantonly and designedly frighten or drive any horse in any streets or other public places in the town.
SECT. 11. No person shall throw stones, snowballs, sticks, or other missiles, nor kick at football, or play at any game in which a ball is used, nor fly kites or balloons, in any public ways of the town.
SECT. 12. Three or more persons shall not stand in a group or near each other on any public way, in such a manner as to obstruct a free passage for passengers, after a request to move on made by any consta- ble or police officer.
SECT. 13. No person shall fire or discharge any gun, fowling-piece, pistol, or other firearms, or make any bonfire, or other fire, in any public way or place in the town, or within two hundred feet thereof, within the principal inhabited parts of the town, excepting in the per- formance of some duty.
SECT. 14. All vehicles without horses harnessed thereto must be removed from the streets during the night and on Sundays, otherwise they will be removed by the constables or police officers of the town, or by one authorized so to do, at the expense of the owners.
SECT. 15. No person shall make any indecent figures or write any indecent or obscene words upon any wall, fence, post, or building, or in any public place whatever, within the town. No person shall saw any fire-wood or place the same upon any foot-crossing or sidewalk of any public way, and no person shall stand upon such foot or sidewalk with his wood-saw or horse.
SECT. 16. No person shall swim or bathe in any of the waters within or surrounding the town so as to be exposed to the view of passengers or other persons in any public way, railroad or house within the town.
SECT. 17. No person shall shoot with or use a bow and arrows in any of the public ways of the town.
SECT. 18. No person shall place or cause to be placed upon any public way, foot-path, or sidewalk, any lit iber, iron, coal, trunks, bales, boxes, crates, casks, barrels, packages, or other things, for more than one hour, or not more than ten minutes after being notified by a constable or police officer or the Selectmen.
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