USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1858-1871, v. 2 > Part 39
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
494
Brookline Town Records.
SECT. 19. Every person who shall lay, throw, or place, or cause to be laid, thrown, or placed, any ice or snow into any street within the town, shall cause the same to be broken into small pieces and spread evenly on the surface of such street, and in default thereof shall be liable to a penalty of not less than two nor more than five dollars for every offence.
SECT. 20. Whoever posts, affixes, or in any way attaches any poster, handbill, notice, advertisement or placard to or upon any post, wall, fence, building, or structure, not his own, within the town of Brookline, without permission of the owners or proprietors of such post, wall, fence, building, or structure, shall forfeit and pay for each offence a fine of not less than five nor more than twenty dollars, to be paid into the treasury of said town.
SECT. 21. Whoever paints, draws or stamps any letter, notice, figure, advertisement, or marks upon or into any wall, fence, post, tree, building, or structure, not his own, within the town of Brookline, without the permission of the owner of such wall, fence, post, tree, building, or structure, or without said permission mars, defaces or dis- figures in any way such wall, fence, post, tree, building, or structure, shall forfeit and pay for each offence a fine of not less than five nor more than twenty dollars, to be paid into the treasury of said town.
HAY SCALES.
The Selectmen shall appoint, for a term of time not exceeding one year, one person who shall have superintendence of the hay scales belonging to the town, and such person may at any time be removed from office by the Selectmen.
In all cases of temporary absence or inability from any cause properly to perform the duties of his office, the superintendent shall procure, at his own expense, a substitute to perform such duty; such substitute in all cases to be approved by the Selectmen, and to be removed at their pleasure.
It shall be the duty of the superintendent to weigh all the hay and other articles which may be offered to be weighed, and to conform to all such rules and regulations as shall be established by the Selectmen con- cerning the scales and fees for weighing.
VACCINATION OF CHILDREN ATTENDING THE PUBLIC SCHOOLS.
From and after the first day of March, 1871, no child shall be admitted into any public schools in this town unless he or she shall present to the instructor or instructress a certificate from some physician that he or she has been properly vaccinated; or unless the parents or guardians of such child shall certify, in writing, that such vaccination has been prop- erly performed.
HEALTH.
SECTION 1. No person shall remove or carry along or through any of the public ways or places of the town, any house offal or any refuse substance, either animal or vegetable, unless such person so removing or carrying the same and the mode in which the same shall be removed or
495
Special Meeting, May 2, 1871.
carried, shall have been expressly licensed by the Selectmen, upon such terms as they shall deem the health and comfort and interests of the town require.
SECT. 2. No person shall drive or cause to be driven any cart or wagon containing night-soil, on any wagon or cart used for that pur- pose, through any public way in the town between the hours of 4 A. M. and 9 P. M., nor permit any such wagon or cart to stand, between said hours, in any street, lane or alley in said town.
Any person offending against either of the two foregoing sections shall forfeit and pay the sum of twenty dollars for each and every offence.
SECT. 3. No person shall keep any swine within a distance of fifty feet of any public way or place, or within a distance of one hundred feet of any dwelling-house not his own without a permit from the Selectmen previously obtained.
SECT. 4. Every person who shall put or suffer to accumulate on his premises leaves, any dead animal substance, fish, offal, contents of any vault, decayed vegetable or other matter, in any public street or place, or near any inhabited building, whereby any offensive or noxious stench or effluvia shall be created and the health or comfort of the citizens be injuriously affected, or shall throw any dead animal, or allow to drain the contents of a vault or house drain, or the refuse of manufacturing or slaughtering process, into the rivers or brooks of the town not laid out as common sewers, shall pay a sum not less than one dollar nor more than twenty dollars.
SECT. 5. No person shall throw or suffer to fall into any common sewer in the town, or into any inlet of the same, any dead animals, stones, bricks, sticks, or other substances likely to obstruct the flow of water in the same, and no person shall allow his vault or house-drain to drain into any sewer without first obtaining from the proper authorities the permission so to do, and every person offending against the above section shall pay a fine of not less than five nor more than twenty dollars for each offence.
SECT. 6. No person shall beat or shake any carpets within one hundred feet of any public way or place or within one hundred feet of any dwelling-house not his own, or in any places so that the dust from such carpets shall injure any person in any dwelling-house or upon any public way or place.
SECT. 7. Any person offending against the provision of either of the foregoing by-laws shall, unless herein otherwise provided, forfeit and pay into the town treasury for each offence a sum not less than one nor more than twenty dollars.
SECT. 8. All by-laws of the town of Brookline heretofore accepted by the town and approved by the Court are hereby repealed.
Voted, To accept and allow the foregoing by-laws, and that the Town Clerk procure the approval thereof of one of the Judges of the Superior Court.
496
Brookline Town Records.
Voted, That the Town Clerk procure the printing of twenty-five hundred copies of the foregoing by-laws, and that a copy of the same be left at every house in the town.
Fifth Article taken up :
To see if the town will appropriate money for watering-places for cattle.
Voted, That the sum of five hundred dollars be appropri- ated for the purpose of procuring watering-places for cattle. Sixth Article taken up :
To consider the subject of supplying the town with pure water.
Voted, That a committee of five be appointed by the Moderator to take the subject into consideration, and report at a future meeting.
The Moderator appointed the following gentlemen to constitute said committee, to wit: John W. Candler, Wil- liam Aspinwall, Amos A. Lawrence, Charles D. Head, and Edward S. Philbrick.
The meeting added the name of George F. Homer to said committee.
Seventh Article taken up :
To see if the town will make a further appropriation for grading and fencing the Ward school-house lot.
Voted, That the sum of three thousand dollars be added to the appropriation for grading and fencing the Ward school-house lot, and placed in the hands of the Selectmen to be used at their discretion, and before using said sum to make investigations as to the expediency of moving said house, and if found necessary to move it, to report the same to the town.
Eighth Article taken up :
To consider the subject of procuring land for a cemetery.
Voted, That a committee of five be appointed by the Moderator to consider the subject, and report at a future meeting.
497
Special Meeting, May 2, 1871.
The Moderator appointed the following gentlemen to con- stitute said committee, to wit : William Aspinwall, Edward Atkinson, Isaac Taylor, Samuel Clark, and Edward I. Thomas.
Ninth Article taken up :
To consider the subject of the new town map.
Voted, That the subject of the new town map be referred to the Selectmen and town engineer, and that said map be finished and completed under their direction.
Tenth Article taken up :
To make further appropriations for highway purposes.
Voted, That the sum of three thousand dollars be added to the appropriation for highways.
Eleventh Article taken up :
To act upon the report of the committee appointed at the last annual meeting upon the subject of procuring land for public commons or play- grounds, and to raise and appropriate 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 obligations.
The committee to whom was referred the subject of pro- curing land for public commons or playgrounds, presented the following report :
REPORT.
The committee appointed at the town meeting held April 11th, to take into consideration one or more lots of land for public commons and suit- ·able for playgrounds, and to give a public hearing on the subject, respect- fully report that they have given the matter such attention as the limited time permitted, and request further time before reporting for Longwood and the southerly section of the town.
The committee are now prepared to recommend to the town two lots of land, and advise their purchase.
First, the one lying between Brookline avenue and the Brookline Branch Railroad, and extending from Aspinwall avenue to the settlement known as Pearl place, containing 166,899 square feet, more or less, at twenty cents (20 cts.) per square foot, and costing about $33,379.80.
Second, the Clark and Howe lot, bounded by Cypress and Tappan streets and Gorham avenue, containing 228,670 square feet, more or less, at twenty cents (20 cts.) per square foot, and costing about $45,734.00 ; the total costing a little over $79,000.
32
498
Brookline Town Records.
Your committee do further recommend, for the purpose of paying for and improving the above-mentioned lands, that the town issue its bonds for ninety thousand dollars ($90,000), to be known as the Brookline Loan for Public Grounds, said bonds to be for amounts not less than five hundred dollars ($500), to bearer or to order, at the office of the Treas- urer, in Brookline, in not less than ten nor more than thirty years from the date thereof, with interest, payable semi-annually, at a rate not exceeding six per cent per annum, with coupons for said interest at- tached; said bonds to be sealed with the seal of the town, to be signed by the Treasurer and countersigned by a majority of the Selectmen; the coupons to be signed by the Treasurer alone. And further, that the form of said bonds be substantially as follows, to wit :
UNITED STATES OF AMERICA.
COMMONWEALTH OF MASSACHUSETTS.
: The Town of Brookline Loan for Public Grounds.
The Town of Brookline, for value received, promises to pay . or bearer (or order), at the office of its Treasurer,
dollars, on the day of. A. D. 18 .. , with interest at the rate of six per centum per annum, paya- ble semi-annually, on the first days of and
in each year, at the Bank in upon the delivery of the proper coupons hereto annexed.
In witness whereof the Town of Brookline has caused its corporate seal to be hereunto affixed by its Treasurer, and caused these presents to be signed by said Treasurer, and to be countersigned by a majority of its Selectmen, this day of A. D. 1871.
Selectmen.
[Seal of Brookline.]
, Treasurer. ..
AMOS A. LAWRENCE. THOMAS PARSONS. EDWARD ATKINSON. W. A. HUMPHREY. JOHN W. CANDLER. EDWARD I. THOMAS.
Voted, To accept the foregoing report.
On motion of Amos A. Lawrence, Esq., it was-
Voted, That the town buy and improve the two following lots of land, and forever maintain the same for public use : First, the lot lying between Brookline avenue and the Brook- line Branch Railroad, and extending from Aspinwall avenue toward the settlement known as Pearl place, containing
499
Special Meeting, May 2, 1871.
166,899 square feet, more or less, at twenty cents (20 cts.) per square foot, and costing about $33,379.80. Second, the Clark and Howe lot, bounded by Cypress, Tappan, and Davis streets, and Gorham avenue, containing 228,670 square feet, more or less, at twenty cents (20 cts. ) per square foot, and costing about $45,734 ;- total cost being a little over ($79,000) seventy-nine thousand dollars.
Voted, For the purpose of paying for and improving the above mentioned lands, that the town issueits bonds for ninety thousand dollars ($90,000), to be known as the " Brookline Loan for Public Grounds," said bonds to be for amounts not less than five hundred dollars ($500), payable to bearer or to order, at the office of the Treasurer in Brookline, in not less than ten nor more than thirty years from the date thereof, with interest, payable semi-annually, at a rate not exceeding six per centum, with coupons for said interest attached. Said bonds to be sealed with the seal of the town, to be signed by the Treasurer and countersigned by a majority of the Selectmen ;- the coupons to be signed by the Treasurer alone. The form of said bonds to be substantially as follows, to wit :
UNITED STATES OF AMERICA.
COMMONWEALTH OF MASSACHUSETTS.
Brookline Loan for Public Grounds.
The Town of Brookline, for value received, promises to pay .
or bearer (or order), at the office of its Treasurer, dollars, on the .. day of A. D. 18. , with interest at the rate of six per centum per annum, payable semi-annually, on the first days of and in each year, at the Bank in. ,upon the delivery of the proper coupons hereto annexed.
In witness whereof the Town of Brookline has caused its corporate seal to be hereto affixed by its Treasurer, and caused these presents to be signed by said Treasurer, and to be countersigned by a majority of its Selectmen, this day of A. D. 1871.
Selectmen.
[Seal of Brookline.]
Treasurer.
500
Brookline Town Records.
Voted, That the committee have further time.
Voted, That the committee on town map be discharged at their own request.
Voted, That the money appropriated at this meeting, except such as is provided for by loans, be raised by taxa- tion the present year.
Adjourned. Attest : B. F. BAKER,
Town Clerk.
PERAMBULATION OF BOUNDARY LINES BETWEEN BOSTON AND BROOKLINE.
We, the subscribers, Aldermen of the City of Boston, and the Select- men of the Town of Brookline, pursuant to notice, met this twenty-ninth day of July, A. D. 1871, at the place appointed, examined the lines and established the bound marks between said city and town as follows :
Boundary line between Boston and Brookline: Beginning at a point in the center of the channel of Charles River on the boundary line between the town of Brookline and city of Cambridge where the westerly line of St. Mary's street in the city of Boston, extended in a northerly direction, would intersect the said boundary line; thence running southwardly by the westerly line of said St. Mary's street, extended to a stone monument standing on the southerly side of Brighton avenue, marked BO&BR; thence continuing in the same direction by the westerly line of St. Mary's street, to a stone monument on Ivy street; thence turning a little and running southeasterly by the southwesterly line of St. Mary's street and by the continuation of the same through a stone monument standing on the southerly side of Beacon street and through a stone monument stand- ing on the southerly bank of Muddy River, each marked BO&BR, to the center of the channel of said Muddy Brook; thence up the channel of said brook to a stone monument standing on the southerly side of Wash- ington street, marked BO&BR; thence continuing up the channel of said brook to a stone monument standing in the middle of said brook and forming the junction point of the boundary lines between the city of Boston and the towns of West Roxbury and Brookline, said monument being marked BO, BR&WR.
In testimony whereof we have hereunto set our hands on the day and date first above written.
EDWARD A. WHITE, GEORGE D. RICKER, ROBERT COWDIN, Aldermen of Boston.
CHARLES D. HEAD, WM. ASPINWALL, Selectmen of Brookline.
501
Special Meeting, September 18, 1871.
SPECIAL MEETING, SEPTEMBER 18, 1871.
-
SEAL.
WARRANT.
SEAL.
SEAL.
COMMONWEALTH OF MASSACHUSETTS.
SEAL.
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 the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Monday, the eighteenth instant, at three of the clock in the afternoon, for the follow- ing purposes, to wit :
First. To choose a Moderator.
Second. To see if the town will accept and allow two new townways leading from Washington to Beacon street and from Harvard to Park street, as laid out and located by the Selectmen.
Third. To see if the town will accept and allow two new townways leading from Brookline avenue to Washington street and from Brookline avenue to the way above named, as laid out and located by the Selectmen.
Fourth. To see if the town will accept and allow two new townways leading from Walnut street to Chestnut street and the way connected therewith, as laid out and located by the Selectmen.
Fifth. To see what action the town will take in relation to making the extension of Goddard avenue and Hammond street, as laid out and ordered by the County Commissioners.
Sixth. To see if the town will change the name of Davis street to Davis avenue.
Seventh. To see what action the town will take in relation to the offensive and unwholesome condition of Muddy River.
Eighth. To see what action the town will take upon the subject of selling the land on Cypress street and Cypress place, originally bought with the intention of erecting the Public Library building thereon, and to appropriate the proceeds of such sale.
Ninth. To see if the town will authorize the Selectmen to buy land for the purpose of obtaining material for making and repairing roads.
Tenth. To see if the town will water the streets and make an appro- priation to purchase carts, tanks, and apparatus for that purpose.
Eleventh. To receive and act upon the report of any officers or com- mittees ready to report.
502
Brookline Town Records.
Twelfth. To consider and act upon the subject of making and repair- ing highways and sewers.
Thirteenth. To consider and act upon the subject of a change of boundary lines between Brookline and Boston.
Fourteenth. To raise and appropriate such sums of money as may be required to defray the expense of any or all the foregoing objects.
Hereof fail not, and make due return of this warrant to the Selectmen, with your doings thereon, four days at least before the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this fifth day of September, in the year of our Lord one thou- sand eight hundred and seventy-one.
CHARLES D. HEAD, HORACE JAMES, WILLIAM ASPINWALL, JAMES W. EDGERLY, CHARLES K. KIRBY, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, September 12th, 1871.
In pursuance of the foregoing warrant, I have notified the legal voters of the town of Brookline to meet at the time and place 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.
WILLARD Y. GROSS, Constable.
In pursuance of the foregoing warrant, the citizens of the town of Brookline met at the Town Hall in said town, on Monday, the eighteenth day of September, in the year of our Lord one thousand eight hundred and seventy-one, and were called to order at three of the clock in the afternoon, by the Town Clerk, who read the warrant calling said meet- ing and the return thereon of the officer who served the notices.
The first article in the warrant was then taken up :
To choose a Moderator.
Voted, To choose a Moderator by nomination.
503
Special Meeting, September 18, 1871.
The meeting then nominated and chose for Moderator R. G. F. Candage, and he took the chair.
The second article in the warrant was then taken up :
To see if the town will accept and allow two new townways leading from Washington to Beacon street and from Harvard street to Park street, as laid out and located by the Selectmen.
The Selectmen presented the following report on the lay- ing out of said way, to wit :
The Selectmen of the town of Brookline, after giving legal notice to all persons and interests known to them of their intention to lay out the private ways called Park street and Harvard avenue as townways, lead- ing from Washington street to Beacon street and from Park street to Harvard street, in whole or in part, did, in pursuance of said notice, meet at their office in the Town Hall, on Friday, the seventh day of April, in the year of our Lord one thousand eight hundred and seventy-one, at three o'clock in the afternoon, and proceeded to hear all parties and to examine said route, and again by adjournment, on the twenty-sixth day of May, of the year above written, and all parties and interests which had appeared having been heard and examined in relation thereto, they proceeded to lay out said ways as follows, to wit :
LOCATION OF HARVARD AVENUE, SO CALLED.
The southerly line of said avenue commences at a monument at the junction of said line with the westerly line of Harvard street by land of William Dearborn; thence running southwesterly one hundred and twenty-three (123) feet to a monument ; thence westerly by a curve of two hundred and eight (208) feet radius ninety-six (96) feet to a monument ; thence westerly three hundred and sixty-three (363) feet to a monument ; thence by a curve of one hundred and fifty-six (156) feet radius one hun- dred two and sixty-one hundredths (102.61) feet to a monument; thence northwesterly four hundred eighty-seven and fifteen hundredths (487.15) feet to the easterly line of Park street so called. The northerly line of said avenue commences at a monument on the westerly line of Harvard
street by land of -; thence running southerly one hundred and ten (110) feet to a monument; thence by a curve of one hundred and sixty-eight (168) feet radius seventy-six and six tenths (76.6) feet to a monument; thence westerly three hundred forty-three and two tenths (343.2) feet to a monument; thence by a curve of one hundred and seventy-eight (178) feet radius one hundred and fourteen (114) feet to a monument; thence northwesterly four hundred eighty-one and five tenths (481.5) feet to a monument at Park street ; and the said described straight lines are of the full and equal width of forty feet, a part measured at right angles, and it is further ordered that the corners made by the described lines with the lines of Harvard street be rounded by curves of twenty (20) feet radii, and the corner made by the southerly described
504
Brookline Town Records.
line with Park street be rounded off by a curve of twenty-five (25) feet radius, and the corner made by the northerly described line with Park street be rounded off by a curve of thirty (30) feet radius. The lines of the avenue so rounded off are tangent to the curve of these radii.
LOCATION OF PARK STREET, SO CALLED.
The westerly line of said street commences at a monument at the junc- tion of said line with the northerly line of Washington street with land of Thomas H. Bacon; thence running northerly two hundred ninety-seven and one tenth (297.1) feet to a monument; thence by a curve of one hundred and six (106) feet radius forty-two and two tenths (42.2) feet to a monument; thence northeasterly four hundred seventy-five and seventy-five hundredths (475.75) feet to a monument; thence northeast- erly three hundred forty-six and eight tenths (346.8) feet to a monument ; thence northeasterly two hundred sixty-six and eight tenths (266.8) feet to a monument; thence northeasterly four hundred nineteen and seven tenths (419.7) feet to a monument; thence northwesterly by a curve of sixteen (16) feet radius twenty-five and thirteen hundredths (25.13) feet to a monument; thence northeasterly twenty-six and five tenths (26.5) feet to a monument; thence westerly by a curve of forty-seven and four tenths (47.4) feet radius twenty-eight feet and seven tenths (28.7) feet to a monument on the southerly side of Beacon street. The easterly line of said street commences at a monument on the northerly line of Washington street by land of Martin L. Hall; thence running northeasterly three hundred twenty-four and two tenths (324.2) feet to a monument at the southerly line of Harvard avenue; thence commencing again at a monument at the northerly line of said Harvard avenue and running northeasterly four hundred seventy-seven and two tenths (477.2) feet to a monument ; thence running northeasterly three hundred thirty and four tenths (330.4) feet to a monument at the southerly line of Vernon street; thence again running northeasterly two hundred ninety- two (292) feet to a monument at the northerly line of Marion street ; thence again running northeasterly four hundred ninety-two (492) feet to a monument in the southerly line of Beacon street. And said street shall be of the full and equal width of forty feet, measured at a right angle between said described westerly and easterly lines, except at the junction with Beacon street, where it will be wider. And it is ordered that the corners made by said described lines with the northerly line of Washington street be rounded off by curves of twenty (20) feet radii, and that the corners of the easterly line of said street, caused by its junction with the southerly line of Beacon street be rounded by a curve of sixteen (16) feet radius.
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.