USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 23
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To see what action the town will take in regard to the lot of land on the corner of Cypress street and Cypress place, being the Library Jot, so called.
Voted, To lay the Thirteenth Article on the table.
Voted, That the Selectmen be instructed to prosecute the violations of the seventh section of the by-laws relating to fast driving.
Thirteenth Article was then taken up :
To see what action the town will take in regard to the lot of land on the corner of Cypress street and Cypress place, being the Library lot, so called.
Voted, That the Selectmen be authorized to pay to Messrs. George B. Blake, Stephen Salisbury, John D. Sturtevant, Robert S. Davis, James Edmond, and Edward S. Ritchie the several sums contributed and paid by them for the pur- chase of the so-called Library lot, with interest thereon from the date of payment, and that the same is hereby appro- priated therefor ; and that the Treasurer is hereby authorized to borrow the sum of five thousand five hundred dollars, or so much thereof as may be required for the purpose of pay- ing said claims, giving the note or notes of the town therefor, countersigned by at least a majority of the Selectmen.
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Brookline Town Records.
Fourteenth Article taken up :
To see if the town will authorize the Selectmen to establish a grade agreeably to the provisions of Chapter 38 of the Acts of the year 1873, being "An Act to establish a grade in the town of Brookline."
Voted, That the Selectmen establish a grade agreeable to the provisions of Chapter 38 of the year 1873, being " An Act to establish a grade in the town of Brookline," and that they shall report the grade established to the town for its ap- proval, and also report what will be the effect of the grade proposed upon buildings already constructed.
Seventeenth Article taken up :
To see if the town will authorize the Water Commissioners to lay water pipes with suitable hydrants on Harvard street to the Brighton line ; also on Marion street.
Voted, That the Seventeenth Article be referred to the Water Commissioners, with instructions to lay the water pipes in Harvard street if they deem it expedient.
Voted, To take up the Fourth Article.
Fourth Article taken up :
To hear and act upon the report of the Engineers of the Fire Depart- ment.
Mr. Henry M. Hall gave notice that he should move that the vote appropriating seven thousand five hundred dollars for the Fire Department be reconsidered, and that the sum be made seven thousand dollars.
After some discussion upon the subject without any action, it was -
Voted, That this meeting be now dissolved.
Dissolved.
Attest : B. F. BAKER. Town Clerk.
269
Special Meeting, May 25, 1875.
SPECIAL MEETING, MAY 25, 1875.
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 Tuesday, the twenty-fifth day of May current, at seven and one half of the clock in the evening, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To hear and act upon the reports of town officers and commit- tees.
Third. To see if the town will accept an Act of the Legislature, being an Act entitled " An Act to authorize the town of Brookline to borrow money to pay for the construction of sewers, and to establish a sinking fund ;" also, " An Act to amend the same."
Fourth. To elect three Commissioners of said Sinking Fund, one of whom shall hold office until the annual town meeting in the year 1876, one until the annual meeting in the year 1877, and one until the annual meeting in the year 1878; and each, respectively, until his successor is elected; said election to be by ballot.
Fifth. To fix the compensation of the Treasurer of said board.
Sixth. To see if the town will accept and allow Mountfort street from Prescott street to St. Mary's street, as laid out by the Selectmen.
Seventh. To see if the town will accept and allow Monmouth court as laid out by the Selectmen.
Eighth. To see if the town will authorize the laying of a water pipe on Pleasant street from Egmont street to Dummer street, and through Dummer street to St. Paul street, and along said last-named street to the house occupied by Mr. Dexter.
Ninth. To see what action the town will take about the erection of a monument in the open air to deceased soldiers and sailors of this town, and to appropriate such sums of money as may be necessary for that purpose.
Tenth. To inquire into, consider, and act upon any and all suits or claims against the town of Brookline, and to make any appropriation re- quired to settle the same.
Eleventh. To consider the subject of making sidewalks, and whether
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Brookline Town Records.
any agreement has been made for the construction of the same, and what prices have been agreed to be paid, and what prices ought to be paid.
Twelfth. To raise and appropriate such sums of money as may be re- quired 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 before the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this seventeenth day of May in the year of our Lord one thou- sand eight hundred and seventy-five.
THOMAS PARSONS,
CHARLES D. HEAD,
CHARLES K. KIRBY,
HORACE JAMES, AUSTIN W. BENTON,
Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, May 21, 1875.
By virtue of the within precept, 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 named, by leaving an attested copy of this warrant at their last and usual places 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 twenty-fifth day of May in the year of our Lord one thousand eight hun- dred and seventy-five, and were called to order at half-past seven of the clock in the evening, by the Town Clerk, who proceeded to read the warrant calling said meeting, and the return thereon of the officer who served the notice of the same on the inhabitants.
First Article taken up :
To choose a Moderator.
Voted, To choose a Moderator by nomination. The meet- ing then nominated and chose for Moderator James S. Whit- ney.
Second Article taken up :
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Special Meeting, May 25, 1875.
To hear and act upon the reports of town officers and committees. Voted, To lay the Second Article on the table.
Third Article taken up :
To see if the town will accept an Act of the Legislature, being an Act entitled " An Act to authorize the town of Brookline to borrow money to pay for the construction of sewers, and to establish a sinking fund ;" also " An Act to amend the same."
Voted, That Chapter 134 of the Acts of the year eighteen hundred and seventy-five, as amended by an Act approved May third, eighteen hundred and seventy-five, entitled " An Act to authorize the town of Brookline to borrow money to pay for the construction of sewers, and to establish a sinking fund," be and hereby is accepted.
Fourth Article taken up :
To elect three Commissioners of said Sinking Fund, one of whom shall hold office until the annual town meeting in the year 1876, one until the annual meeting in the year 1877, and one until the annual meeting in the year 1878 ; and each, respectively, until his successor is elected ; said elec- tion to be by ballot.
Voted, That the town now proceed to elect by ballot three Commissioners of the Sinking Fund, in accordance with the provisions of said Act, all to be voted for on one ticket.
The meeting then took a recess of ten minutes for the pur- pose of preparing ballots for the election.
At the expiration of the time taken for the recess, the meet- ing was called to order by the Moderator.
The polls were then declared opened for the reception of votes for three Commissioners of the Sinking Fund, in con- formity with the Fourth Article in the warrant, and were kept open thirty minutes for the reception of votes, and after due notice by the Moderator, that any voter present who had not voted could have an opportunity so to do, the polls were declared closed.
The Moderator and Town Clerk then proceeded to sort and count the votes so given in, and the whole number so given in was ninety-three, and the following persons, having a large majority of the votes cast, were declared elected ; to wit, Charles D. Head for three years, William A. Wellman for two years, John C. Abbott for one year.
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Brookline Town Records.
Fifth Article taken up :
To fix the compensation of the treasurer of said board.
Voted, That the salary of the treasurer of said board be fifty dollars per annum.
Sixth Article taken up :
To see if the town will accept and allow Mountfort street from Pres- cott street to St. Mary's street, as laid out 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 as a town way the private way called Mountfort street, from Prescott street to St. Mary street, did, in pursuance of said notice, meet at their office in the Town Hall, on Thursday, the thirteenth day of May A.D. 1875; and all parties and interests which had appeared having been heard and ex- amined in relation thereto, and said route having been examined by the Selectmen, they proceeded to locate and lay out said way as follows, de- scribing it by its centre line ; to wit, -
Commencing at a point on the centre line of Mountfort street, 274.09 feet easterly from its junction with Essex street and running South 80º 55' East, 872.42 feet, to the westerly side of St. Mary street, taking an equal width of 20 feet, measured at right angles, on each side of the above- described centre line; the location being the same shown in plan of Cottage Farm, made by Theodore Ellis and dated October, 1851.
The location of said way is in accordance with a plan of the same as drawn by Alexis H. French, civil engineer, dated May 17, 1875, exam- ined and approved by the Selectmen, and filed in the office of the Town Clerk the same day.
And the owners of the lands abutting on said way, and of the fee of the land over which said way is laid out, in consideration of the town laying out said way, agree to waive all claims for land or grade damages.
There being no structures, buildings, trees, walls, fences, or hedges standing upon the land taken for said way, the same may be entered upon at once for the purpose of constructing the same.
And said way as so laid out, located, and described, is hereby reported to the town for acceptance, and when so accepted, allowed, and recorded, is to be known as a public town way; and they would recommend that said way be named and known as Mountfort street.
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Selectmen of the Town of Brookline.
Brookline, May 17, 1875.
273
Special Meeting, May 25, 1875.
BROOKLINE, Mass., May 17, 1875. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report.
Seventh Article taken up :
To see if the town will accept and allow Monmouth court as laid out by the Selectmen.
The Selectmen presented the following report : -
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 Monmouth court, leading from Mon- mouth street to the Brookline Branch Railroad, did, in pursuance of said notice, meet at their office in the Town Hall, on Thursday, the thirteenth day of May A.D. 1875; and all parties and interests which had appeared having been heard and examined in relation thereto, and said route hav- ing been examined by the Selectmen, they proceeded to locate and lay out said way as follows, describing it by its centre line; to wit, -
Commencing at a point on the southerly side of Monmouth street 288.50 feet easterly from the southeasterly corner of Carlton and Mon- mouth streets, and running at right angles with Monmouth street on the course S. 21° 36' E., 369.08 feet, to the northerly line of the location of the Brookline Branch Railroad, taking an equal width of 37.5 feet, meas- ured at right angles therewith on either side of the above-described cen- tre line.
The location of said way is in accordance with a plan of the same as drawn by Alexis H. French, civil engineer, dated May 17, 1875, examined and approved by the Selectmen, and filed in the office of the Town Clerk the same day.
And the owners of the lands abutting on said way, and of the fee of the land over which said way is laid out, in consideration of the town laying out said way, agree to waive all claims for land or grade damages.
There being no structures, buildings, trees, walls, fences, or hedges standing upon the land taken for said way, the same may be entered upon at once by the town for the purpose of constructing the same.
And said way as so laid out, located, and described, is hereby reported to the town for acceptance, and when so accepted, allowed, and recorded, is to be known as a public town way; and they would recommend that said way be named and known as Monmouth court.
THOMAS PARSONS, CHARLES D. HEAD, C. K. KIRBY, HORACE JAMES, AUSTIN W. BENTON, Selectmen of the Town of Brookline.
Brookline, May 17, 1875.
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Brookline Town Records.
BROOKLINE, Mass., May 17, 1875. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER,
Town Clerk.
Voted, To accept and allow the foregoing report.
Eighth Article taken up :
To see if the town will authorize the laying of a water pipe on Pleas- ant street, from Egmont street to Dummer street, and through Dummer street to St. Paul street, and along said last-named street to the house occupied by Mr. Dexter.
Voted, That the Eighth Article be referred to the Water Commissioners, with instructions to ascertain the cost of the improvement, the number to be supplied with water, and re- port at the adjourned meeting.
Voted, That when this meeting adjourn, it be to meet in two weeks from to-night, Tuesday, the eighth day of June next, at half-past seven of the clock in the evening.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, JUNE 8, 1875.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the eighth day of June in the year of our Lord one thousand eight hundred and seventy- five, and were called to order at half-past seven of the clock in the evening by the Moderator, James S. Whitney, who stated to the meeting that, in consequence of being obliged to attend to some very important business, he must resign the office of Moderator.
The meeting was immediately called to order by the Clerk, and proceeded to the choice of a Moderator.
The meeting nominated and chose for Moderator, William A. Wellman.
Ninth Article taken up :
To see what action the town will take about the erection of a monu-
275
Adjourned Special Meeting, June 8, 1875.
ment in the open air to deceased soldiers and sailors of this town, and to appropriate such sums of money as may be necessary for that purpose.
Voted, That the whole subject of reporting a plan for the soldiers and sailors' monument be referred to a committee consisting of the present Soldiers' Monument Committee, and M. P. Kennard, D. Fitzgerald, and J. Eliot Cabot.
Voted, That the sum of five hundred dollars be appropri- ated to procure plans and designs, and placed at the disposal of the committee, and that the Treasurer be authorized to borrow the same, giving the note or notes of the town there- for in the usual manner.
Tenth Article taken up :
To inquire into, consider, and act upon any and all suits or claims against the town of Brookline, and to make any appropriation required to settle the same.
Voted, that the sum of ten thousand dollars ($10,000) be appropriated for the purpose of paying the award made to Col. Thomas Aspinwall by the arbitrators to whom the claims of said Aspinwall, growing out of the widening of Aspinwall avenue, were referred ; the costs of said arbitration and the fees of counsel employed by the town ; and the Treasurer is hereby authorized to borrow said sum, or so much thereof as may be necessary, giving therefor the note or notes of the town, signed by the Treasurer and countersigned by the Selectmen.
The following motion was offered by Thomas Parsons, Esq. ; to wit, -
Voted, That the Selectmen are hereby authorized, on the acceptance by Col. Thomas Aspinwall of the award of arbitrators in his three suits against the town and several individuals, and the execution by him of a proper release for the damages awarded by said arbitrators, to agree on behalf of the town that said Aspinwall may build up to the line of Aspin- wall avenue, or any part thereof, so far as the town is concerned, at any time; and to declare on behalf of the town that he has no other claim to the slopes or embankments between the railroad bridge and Brookline avenue than for a mere support for that portion of said avenue.
Voted, That the above motion be referred to the counsel for the town and Col. Thomas Aspinwall.
Voted, That the Selectmen be authorized to settle any legal claim of P. W. Bowen for damages to his estate on
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Brookline Town Records.
Boylston street, caused by change of grade, and that the sum of five hundred dollars be appropriated therefor; and the Treasurer is authorized to borrow said sum, giving the note of the town countersigned by the Selectmen.
Voted, To adjourn to Tuesday, the fifteenth instant, at half-past seven of the clock in the evening.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, JUNE 15, 1875.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the fifteenth day of June in the year of our Lord one thousand eight hundred and seventy- five, and were called to order at half-past seven of the clock in the evening by the Town Clerk.
A letter was read from the Moderator, W. A. Wellman, Esq., stating that in consequence of ill health he was obliged to resign the office of Moderator.
The meeting nominated and chose for Moderator, George Griggs.
Voted, To take up the Second and Tenth Articles ; viz., - Second Article :
To hear and act upon the reports of town officers and committees.
Tenth Article :
To inquire into, consider, and act upon any and all suits or claims against the town of Brookline, and to make any appropriations required to settle the same.
Charles H. Drew, Esq., counsel for the town in the suits of Col. Thomas Aspinwall against the town, presented the following report of the settlement and adjustment of said suits ; to wit, -
277
Adjourned Special Meeting, June 15, 1875.
A. BROOKLINE, June 15, 1875.
I, Thomas Aspinwall, of Boston in the County of Suffolk, hereby ac- knowledge the receipt from the town of Brookline of eight thousand six hundred eighty-one 33-100 dollars, in full settlement and payment of the land and grade damages sustained by me in my property by the laying out of Aspinwall avenue as a town way by the Selectmen, 24th March, 1873, and reported to and accepted by the town at its next annual meet- ing, held by adjournment on the first day of April, 1873, which laying out took my land in several lots on both sides of the highway laid out by the County Commissioners in 1857, which was also called Aspinwall avenue; and also in full settlement and payment of any damages done my property in constructing said town way, or by any trespass com- mitted during such construction ; and also in full settlement and payment of damages for the injury already done to my other land outside of and adjoining the boundaries of said town way or highway by the embank- ments of said ways running over and upon my said other lands, as well as for all injury which may hereafter be done by said embankments, until such time as I or any owner thereof shall desire to build upon the land covered by said embankments, and the continuance of said embank- ments shall prevent or obstruct the building upon said land ; and in that event the owner of said land shall give thirty days' notice, in writing, of his intention to build, to the town. by serving the same on the Town Clerk, so that the town may provide for the proper support of the road.
The following suits are to be discontinued without costs to either party ; to wit, -
1. A petition pending in the Superior Court of Norfolk County, alleging damages caused by widening Aspinwall avenue, and asking that the same may be determined by a jury.
2. A suit against the inhabitants of Brookline and certain Selectmen for alleged trespass, pending in the same Court.
3. A petition to the County Commissioners of said County, alleging damages caused by raising and lowering said highway, and asking that the same may be assessed by a jury.
Also, I hereby waive all objection to the relocation of said way, in accordance with the boundaries established by the town, and all claim for damages that might otherwise arise out of said relocation in case the same should be so relocated by the County Commissioners.
BROOKLINE, 15th June, 1875.
The counsel for the town and for Col. Thomas Aspinwall, to whom was referred by the town, at its meeting held on the 8th instant, a motion made by Mr. Parsons, chairman of the Selectmen, having considered the mat- ter referred, submit the following report : -
They recommend that the town pay to Col. Aspinwall the sum of eight thousand six hundred and eighty-one 33-100 dollars ($8681.33), being eight thousand five hundred dollars and interest thereon at six per cent from the eighth of February, 1875, to sixteenth of June, 1875, and the costs of the petition of said Aspinwall to the Superior Court for the County of Norfolk, dated 19th Jan., 1874, and the costs of his witnesses be-
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Brookline Town Records.
fore the arbitrators, mentioned in offer of submission accepted by the vote of the town of 15th Dec., 1874, and take from said Aspinwall a receipt duly signed, such as is appended hereto, marked " A."
CHAS. H. DREW, Counsel for the Town. THOMAS H. TALBOT, for T. Aspinwall. WM. ASPINWALL, Counsel for T. Aspinwall. .
Voted, That the report be accepted.
Voted, That the recommendations of the foregoing report be adopted, and that the Selectmen be directed to make the payment and take the receipt therein mentioned.
Eighth Article taken up :
To see if the town will authorize the laying of a water pipe on Pleas- ant street from Egmont street to Dummer street, and through Dummer street to St. Paul street, and along the last-named street to the house occupied by Mr. Dexter.
The Water Commissioners, to whom the Eighth Article was referred, presented the following report ; to wit, -
BROOKLINE, 8th June, 1875.
The Water Commissioners, to whom was referred the Eighth Article. in the warrant, report, -
That the cost of laying six-inch pipe in Pleasant, Dummer, and St. Paul streets, as asked for, would be about $2000; the number of houses which could be supplied is three (3).
CHAS. H. DREW, Chairman.
Voted, To accept the report.
Voted, That the subject of the Eighth Article be recom- mitted to the Water Commissioners.
Eleventh Article taken up :
To consider the subject of making sidewalks, and whether any agree- ment has been made for the construction of the same; and what prices have been agreed to be paid, and what prices ought to be paid.
Pending the consideration of the foregoing article, on motion it was -
Voted, That the meeting be now dissolved.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
Militia List, 1875.
279
List of persons in Brookline liable to do military duty, as found by the Assessors, May 1, 1875.
Samuel C. Sumner
John Hubbard
Richard H. Grogan
Harrison Gardner
William Van Ummerson
Emery B. Moore
Augustus F. Walker
John Ryan
Christopher Tracy
Charles H. Maynard
John E. Cousens
Isaac H. Sears
Edward D. Chapin
S. Dana Hayes
Charles Foster
John A. Howard
William Foster
Frank McNeilly
Joseph L. Foster
J. Waldo Edmunds
George F. Cole
William C. Cotton
Edwin B. Buckingham
Frank B. Cotton
Thomas J. Lee
Walter G. Cotton
Frederic G. Frothingham
J. Whitcomb Cotton
Alonzo F. Howard
Charles H. Newman
John M. Clark
William Henry Lincoln
Otto F. Von Arnim
Augustus N. Loring
Treadwell Walden John Park
George Rogers
Amory A. Lawrence
George W. Torrey, Jr.
William Lawrence
William Torrey
William O'Conner
George F. Wilkin
Frank W. Lawrence
Jeremiah F. Hayes
Joseph C. Carton
Robert Murray
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