USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 15
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All boards, standing committees, and officers of the town shall cause records of their doings and accounts to be kept in suitable books. Said books (except the 'Trustees of the Public Library) shall be kept in their respective places in the Town Hall, or in the places provided by the town for their use or safe keeping, and shall not be removed therefrom. Said record books shall be open to the inspection of the citizens of the town on a given day in each week, and at such hours as shall be fixed and noti- fied by each board, committee, or officer, but shall remain during such inspection under the supervision of the board, committee, or officer designated to keep charge thereof.
All boards, standing committees, special committees, or officers of the town having the charge of the expenditure of money, shall annually report thereon in print in such manner as to give the citizens a fair and full understanding of the objects and methods of such expenditures, referring, however, to the report of the treasurer for specific details. They shall especially give full reports in regard to all suits at law against the town wherein the town may have been or may be liable to be cast in damages, with all the circumstances relating thereto.
All reports intended to be presented or proposed to be acted upon at
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Brookline Town Records.
the annual meeting of the town shall be made on or before February 15. and shall thereupon be printed, and shall be distributed at least four days before said meeting. The Town Clerk shall have charge of printing, and make a full index to the reports.
Twenty-first Article taken up :
To consider and act upon any by-law which may be submitted.
Under the Twenty-first Article the meeting adopted the following by-law ; to wit, -
By-law concerning the laying out of Town Ways, or Alterations thereof.
Whenever any way shall have been laid out or altered by the Select- men, and accepted and allowed by the town, no entry for the purpose of constructing any part of such laying out or alteration shall be made until all claims for damages by reason thereof shall have been finally adjusted or determined, unless such entry shall be authorized by special vote of the town.
Voted, That the report of the Committee on the Twenty- third Article in the warrant be recommitted to the same committee for further consideration.
Twenty-sixth Article taken up :
To see what action the town will take in relation to providing some suitable memorial of the soldiers from this town who lost their lives in the late war of the rebellion.
The subject of this article having been submitted to a committee who had reported in print and had it distributed among the inhabitants of the town, -
Voted, That the sum of three hundred dollars be appro- priated by the town for the purpose of ascertaining the cost of a suitable and appropriate memorial structure in honor of the soldiers and sailors from this town who lost their lives in the late war of the rebellion ; and that said matter of cost be referred to a committee of five, to be appointed by the Mod- erator, who shall ascertain and report upon the same to a future town meeting.
The Moderator appointed the following gentlemen to compose said committee ; to wit, Milton J. Stone, George P. Richardson, Willard Y. Gross, B. F. Baker, Henry M. Whitney.
Seventeenth Article taken up :
169
Special Meeting, April 27, 1874.
To consider the subject of settling claims against the town on account of damages from laying out ways and sewers or raising or lowering roads, and making a by-law thereon.
The subject of this article was referred to a committee who had reported thereon in print, which had been distributed among the inhabitants of the town before the time of the meeting. This report was considered and discussed by the meeting at length, without any satisfactory conclusion, when it was -
Voted, That the subject of the Seventeenth Article be in- definitely postponed.
Voted, That the Moderator of this meeting be a committee to present the new by-laws adopted at this meeting to the Superior Court for approval, and that if any or all are ap- proved the Selectmen cause a new edition of the by-laws as amended to be printed for distribution among the citizens.
Voted, That this meeting, now adjourn to meet on Wednes- day, the twenty-ninth instant, at seven o'clock in the even- ing.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, APRIL 27, 1874.
WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
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 twenty-seventh day of April current, at four of the clock in the afternoon, for the following purposes ; to wit, -
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Brookline Town Records.
First. To choose a moderator.
Second. To see if the town will authorize the Selectmen to adjust and settle by compromise, by reference, or by payment of any or all suits and claims against the town now pending in the courts, or which have passed into judgment, and to raise and appropriate the money necessary for the above purpose.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least be- fore said meeting.
Given under our hands and seals at Brookline aforesaid, this twentieth day of April in the year of our Lord one thou- sand eight hundred and seventy-four.
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Selectmen of the Town of Brookline.
BROOKLINE, April 25, 1874.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS.
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 within specified, by leaving an attested copy of this warrrant at their last and usual place of abode.
J. P. SANBORN,
Constable of Brookline.
In pursuance of the foregoing warrant, the inhabitants of the town of Brookline met at the Town Hall in said town, on Monday, the twenty-seventh day of April in the year of our Lord one thousand eight hundred and seventy-four, and were called to order at four 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 noti- fied it.
The First Article taken up :
To choose a Moderator.
The meeting nominated and chose for Moderator, James M. Codman.
171
Adjourned Annual Meeting, April 29, 1874.
Second Article taken up :
To see if the town will authorize the Selectmen to adjust and settle by compromise, by reference, or by payment, of any or all suits and claims against the town now pending in the courts, or which have passed into judgment, and to raise and appropriate the money necessary for the above purpose.
Voted, That the Selectmen be authorized to adjust and settle by compromise, by reference, or by payment, of any or all suits and claims against the town now pending in the courts, or which have passed into judgment.
Voted, That the sum of twenty thousand dollars be appro- priated to settle the McCarty claim and the claims on Marion street.
Voted, That the Town Treasurer be authorized to borrow such sums as may be necessary to carry out the foregoing vote, giving the note or notes of the town therefor, counter- signed by the Selectmen, in such sums and at such times as may be called for by said Selectmen.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED ANNUAL MEETING, APRIL 29, 1874.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Wednesday, the twenty-ninth day of April in the year of our Lord one thousand eight hundred and seventy-four, and were called to order at seven of the clock in the evening by the Moderator, Charles H. Drew.
Eighth Article taken up :
To see if the town will increase the number of the School Committee
·
to twelve, and to elect, in addition to the three members to be elected in
place of the three whose term of office expires in 1874, three other mem- bers, one for three years, one for two years, and one for one year.
Voted, To indefinitely postpone the Eighth Article. Ninth Article taken up :
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Brookline Town Records.
To see if the town will accept and allow a new town way leading from Cypress street to Davis avenue, to continue Gorham avenue as laid out and located by the Selectmen.
The report on this Article, which had been printed and distributed and referred back to the Selectmen, was again re- ported upon by the Selectmen, who requested further time.
Voted, That the Selectmen have further time on the Ninth Article.
Twentieth Article taken up :
To fix the salaries of town officers.
The subject of this Article had been submitted to a com- mittee, who had reported thereon in print, which had been distributed to the inhabitants of the town. After consider- ing the subject of the Article and report, the meeting passed the following votes ; to wit, -
Voted, That the pay of the Selectmen be seven hundred and fifty dollars each ($750.00).
Voted, That the pay of the Town Clerk be one thousand dollars.
Voted, That the pay of the Treasurer and Collector be two thousand five hundred dollars.
Voted, That the pay of the Assessors be one thousand dol- lars each.
Voted, That on all taxes except poll taxes, not paid on or before the tenth day of October next, interest be charged at the rate of twelve per centum per annum.
Voted, To take up the report of the Committee on Lots for a Cemetery.
Voted, That the report be recommitted to a committee of three, to be appointed by the chair.
The Moderator appointed the following gentlemen to com- pose said committee ; to wit, Thomas Parsons, Franklin Dar- racott, Thomas S. Pettengill.
Voted, That the committee report at the next town meet- ing.
Voted, To take up the remainder of the reports on the Twenty-third and Twenty-fourth Articles.
The reports of the committees on those Articles had been
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Adjourned Annual Meeting, April 29, 1874.
printed and distributed among the inhabitants of the town, but as the matter of those Articles had already been adopted in the form of a by-law, it was -
Voted, That the subject matter of the Twenty-third and Twenty-fourth Articles be laid on the table.
Voted, To take up so much of the Selectmen's report as relates to the highways.
Voted, That the Selectmen be instructed to see if a supply of road material in place of that on Dudley street cannot be procured, and report at a future meeting.
The meeting then made the following appropriations under the Twenty-eighth Article in the warrant ; to wit, -
For town officers . . $11,400 00
Secretary and Finance Committee of the School Committee 300 00
furnishing offices in the Town Hall 100 00
Superintendent of Streets and engineering . 5,000 00
indexing, copying, and printing records 3,000 00
payment of a clerk for the Selectmen . 750 00
designs for a soldiers' monument 300 00
abatement of taxes
5,000 00
State tax
County tax
Voted, That all money received from the State during the current year for the support or burial of State paupers, is hereby appropriated to the support of poor.
Voted, That the Treasurer is hereby authorized to borrow the sum of twenty thousand dollars, giving the note or notes of the town, countersigned by the Selectmen, and payable in one year from the date thereof, and said sum is hereby appro- priated towards the extinction of the town debt due the pres- ent year, and shall be so much in lieu of the appropriation already made for said purpose.
Voted, That the Treasurer be authorized to borrow in an- ticipation of taxes, such sums of money at such times as the Selectmen shall direct, giving the notes of the town therefor, countersigned by a majority of the Selectmen.
Voted, That the various appropriations made by the town, including those for making and repairing highways and town ways, be assessed, after deducting the amount in the treas-
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Brookline Town Records.
ury, not including money borrowed for specific appropria- tions, less the estimated receipts for the current year, amount- ing to fifty thousand dollars, upon the polls and estates, real and personal, of the inhabitants resident and non-resident of the town, and collected as the town rates are usually charged and collected.
Voted, To take up the Second Article :
To choose the usual officers for the ensuing year.
The meeting nominated and chose the following-named gentlemen for Auditors for the ensuing year; to wit, Ed- ward I. Thomas, Daniel H. Rogers, Henry B. Eager.
Voted, That the Selectmen be instructed to expend the appropriation for highways during the ensuing year, so far as relates to the employment of laborers on highways, by pay- ing at the rate of two dollars ($2.00) per day for able-bodied men.
Voted unanimously, That the thanks of the town be given to the Moderator for the very impartial, able, and faithful manner in which he has presided over the deliberations of this meeting.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, MAY 19, 1874.
WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
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
175
Special Meeting, May 19, 1874.
at the Town Hall in said town, on Tuesday, the nineteenth day of May current, at three of the clock in the afternoon, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To hear and act upon reports of the Selectmen or com- mittees.
Third. To see if the town will accept and allow a new town way leading from Cypress street to Davis avenue, to continue Gorham avenue as laid out and located by the Selectmen, and raise and appropriate nine- teen hundred and thirty dollars for constructing said way, with a curb- stone and gravel sidewalk on one side thereof. Under the Ninth Article of the annnal town meeting warrant, this subject was referred to the Select- men, and they report it ought to pass.
Fourth. To see if the town will accept and allow a new town way leading from Harvard street to Winchester street, as laid out and located by the Selectmen, and raise and appropriate for constructing the same the sum of twelve hundred dollars.
Fifth. To see if the town will rescind the recent vote of the town instructing the Selectmen to pay two dollars per day for labor on the highways.
Sixth. To see if the town will raise and appropriate money to pay claims or suits against the town, compromised or settled by the Select- men, agreeably to a vote of the town passed April 27 of the present year, and to pay fees of counsel employed by the town in such suits.
Seventh. To see if the town will raise money to make Washington street, from Davis avenue to Davis court, as laid out and ordered by the County Commissioners, and that the sum of twelve hundred dollars be appropriated therefor.
Eighth. To see if the town will take action upon some plan to author- ize the removal of sewage and other matter from vaults or cesspools attached to or in connection with private residences and public buildings.
Ninth. To see if the town will authorize the Selectmen to purchase a lot of land on Clyde street for road material, not exceeding five acres, at a price not exceeding ten thousand dollars, and to raise and appropri- ate money therefor.
Tenth. To see if the town will authorize the Selectmen to sell the remainder of the schoolhouse lot on Brookline avenue.
Eleventh. To see if the town will act on the subject of grading Boyl- ston street between Cypress street and land of E. S. Philbrick, and appro- priate money therefor, upon petition of Isaac Taylor and others.
Twelfth. To see if the town will fix by vote or by-law the duties, qualifications, and compensations of any person or officer rendering ser- vice to the town directly or indirectly, and receiving compensation therefor, upon petition of John Conway and others.
Thirteenth. To see if the town will instruct the Water Commissioners to lay water pipes in Warren street from Dudley street to Dudley street, and in Cottage street from Warren street to the town line, and
1
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Brookline Town Records.
raise and appropriate therefor a sum not exceeding twelve thousand dol- lars, agreeably to provisions of Chapter 343 of Acts of 1872.
Fourteenth. To see if the town will authorize the Selectmen to settle the claim of Mrs. Maloney for damages on Emerald street.
Fifteenth. To see what action the town will take in relation to the claim of A. N. Loring for damages occasioned by the making and grad- ing of St. Paul street.
Sixteenth. To raise and appropriate such sums as may be required for any or all of the foregoing articles.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this eleventh day of May in the year of our Lord one thousand eight hundred and seventy-four.
THOMAS PARSONS, CHARLES D. HEAD,
CHARLES K. KIRBY,
HORACE JAMES, AUSTIN W. BENTON,
Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, May 14, 1874.
By virtue of this precept, I have notified and warned the legal voters of the town of Brookline to appear at the time and place within de- scribed, by leaving an attested copy of this warrant at their last and usual place of abode.
J. P. SANBORN,
Constable of Brookline.
In pursuance of the foregoing warrant, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the nineteenth day of May in the year of our Lord one thousand eight hundred and seventy-four, and were called to order at three of the clock in the afternoon by the Town Clerk, who read the warrant calling said meeting and the return thereon of the officer who notified it.
First Article taken up :
To choose a moderator.
The meeting nominated and chose for Moderator Charles H. Drew.
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Special Meeting, May 19, 1874.
Second Article taken up :
To hear and act upon the reports of the Selectmen and committees.
The Selectmen presented the following report which had been printed and distributed among the inhabitants of the town ; to wit, -
Report of the Selectmen.
The Selectmen. who were authorized to adjust and settle by compro- mise, by reference, or by payment of any or all suits and claims against the town. now pending in the courts, or which have passed into judg- ment, respectfully report that they find suits entered against the town as follows : -
George Baty Blake,
Col. Thomas Aspinwall, two suits,
Dennis O'Conner,
Martin L. Hall,
William H. Hill, Jr.,
John Gibbs,
J. D. Long,
Stephen Salisbury,
N. P. Mann and wife,
M. B. McCarty,
Benjamin F. Adams,
Julia A. Bragden,
Justin Lawrence.
The claims of N. P. Mann and wife have been set-
tled by payment of .
$1,500 00 and costs.
Of Benjamin F. Adams .
2,750 00
Of Julia A. Bragden
8,000 00 66
Of M. B. McCarty .
6,083 11 66
Of Justin Lawrence, subject to the approval of the town
12,000 00
Counsel fees in Cooley case
450 00
Counsel fees in cases of Adams, Mr. and Mrs. Mann, J. A. Bragden, Justin Lawrence .
1,100 00
J. M. W. Yerrinton, reporter
339 50
Estimated costs
577 39
$32,800 00
Appropriations made
$26,500 00
Appropriations required
6,300 00
$32,800 00
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON, Selectmen of the Toun of Brookline.
-
Brookline, May 9, 1874.
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Brookline Town Records.
Voted, To accept the foregoing report.
Voted, That the Selectmen. be instructed to pay Justin Lawrence the sum of twelve thousand dollars, less the sum of one thousand dollars which has already been paid him.
Voted, That the sum of five thousand three hundred dol- lars be appropriated in addition to the sum already in the treasury, to pay the claims against the town authorized to be settled by the Selectmen.
The committee to whom was referred the subject of a cemetery, presented their report as follows : -
Report of the Committee on a Place for a Cemetery.
The committee to whom was recommitted the report of the committee on a place for a cemetery, have examined the subject, and would report as follows : -
The committee have examined the lot of land on Grove street, formerly belonging to Mr. Willard A. Humphrey, and consider a portion of the same to be a suitable location for a cemetery. The whole lot contains about ninety acres of land, and upon consultation with Mr. I. P. Clark, trustee for the owners, they find that any part thereof, not less than thirty acres, can be purchased for the sum of sixteen hundred dollars per acre. They would recommend to the town that the following votes should be passed.
THOMAS PARSONS, FRANKLIN DARRACOTT, THOMAS S. PETTENGILL, Committee.
Brookline, May 9, 1874.
Voted, To accept the foregoing report.
Voted, That the Selectmen be authorized to purchase a lot of land, not more than thirty acres, situated on Grove street, now belonging to I. P. Clark, trustee, to be used for a town cemetery, with full powers to purchase said lot, if in their judgment it is for the best interests of the town so to do, at a price not exceeding sixteen hundred dollars per acre.
Voted, That said land when so purchased, until otherwise ordered by the town, shall be under the charge of the Select- men, who may appoint a superintendent, and all improve- ments shall be under their direction, with full powers to lay out said land for a cemetery and sell burial rights to persons applying, making returns of such sales to the Town Treas- urer, who shall collect all money paid for the same, credit-
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Special Meeting, May 19, 1874.
ing it to the account of town cemetery, and charging all money paid for land and the improvements thereof to said account.
Voted, That the Treasurer is hereby authorized to borrow the sum of fifty-three thousand dollars, giving the note or notes of the town for the same, countersigned by the Select- men ; and said sum is hereby appropriated to the purchase of said land and the improvements thereof.
Voted, That the Selectmen prepare and report to the town such rules and by-laws as they may deem proper for the regulation of the cemetery when laid out for that purpose.
The School Committee, as a building committee on the Francis-street schoolhouse, presented their report on the cost of constructing the same.
Voted, To accept the report, and that it be laid on the table.
Voted, That the report be printed and distributed among the inhabitants.
Third Article taken up :
To see if the town will accept and allow a new town way leading from Cypress street to Davis avenue, to continue Gorham avenue as laid out and located by the Selectmen, and raise and appropriate nineteen hun- dred and thirty dollars for constructing said way, with a curbstone and gravel sidewalk on one side thereof. Under the Ninth Article of the annual town meeting warrant, this subject was referred to the Selectmen, and they report it ought to pass.
The Selectmen presented the following report on the lay- ing out of said way, which had been printed and distributed among the inhabitants of the town ; 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 as a town way the private way called Gorham avenue, leading from Cypress street to Tappan street, did, in pursuance of said notice, meet at their office in the Town Hall on Monday, the twentieth day of October A.D. 1873, at seven and a half o'clock in the evening, and proceeded to hear all parties and interests present and desiring to be heard in relation thereto, and again by adjournment from time to time, until the second day of March, 1874; and all parties and interests which had appeared having been heard and examined in relation thereto, and said route having been examined by the Selectmen, they proceeded to locate and lay out said way, describing it by the centre line as follows; to wit, -
Commencing at a stone post in the westerly line of Cypress street,
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Brookline Town Records.
358.43 feet north from the northerly line of the playground or park, and running N. 62º 12' W., 680.96 feet to a stone post; thence curving left with a radius of 60 feet, 77.29 feet; thence South 43º 58' 50" W., 290.31 feet, to the end of that part of Gorham avenue adopted by the town March 27, 1871 (meaning hereby to extend Gorham avenue from Cypress street to the portion of Gorham avenue formerly laid out as above), taking. equal widths of 20 feet on each side of said above-described centre line, through the entire length of said way, and also to curve the corners of said way at Cypress street with a radius of 20 feet tangent with the side lines of said way and Cypress street, and also the corner at the junction of the easterly line of Davis avenue with the southerly line of said way,. with a radius of 20 feet tangent with the easterly and southerly lines of said ways.
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