USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 28
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ADJOURNED ANNUAL MEETING, APRIL 17, 1876.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Monday, the seventeenth day of April in the year of our Lord one thousand eight hundred and seventy-six, and were called to order at seven of the clock in the evening by the Moderator, William I. Bowditch.
The records of the last meeting were read and approved.
Fourth Article taken up :
To hear and act upon the report of the Water Commissioners.
Mr. George Griggs, chairman of the committee to whom . was referred the final report of the Water Commissioners, stated that the committee were not quite ready to make a final report, and requested further time.
Mr. Edward Atkinson, a member of the committee to whom was referred the final report of the Water Commissioners, presented the final report of said committee, which had been printed and distributed among the inhabitants, and moved that it be accepted and the committee discharged.
. Mr. Henry M. Whitney, a member of the committee to whom was referred the final report of the Water Commis- sioners, presented the minority report of said committee, which had been printed and distributed among the inhabi- tants, and moved that it be substituted for the report of the majority.
After a lengthy debate upon the two reports, it was, on motion of Mr. James M. Codman, -
Voted, To accept both reports, and that the committee be discharged.
On motion of Mr. Edward Atkinson, it was -
Voted, That the sum of two hundred dollars be appropri- ated for duplicating maps, and plans of pipes, hydrants, and lands connected with the water pipes, a duplicate copy to be placed in a separate place of deposit for safety, at the dis- cretion of the Selectmen.
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Brookline Town Records.
Voted, That the final reports of the Water Commissioners be accepted and the commissioners discharged.
On motion of Mr. William Aspinwall, it was -
Voted, That the field notes and other documents con- nected with the water works be filed with the Town Clerk.
Voted, To take up the regulations providing for the man- agement of the Brookline water works.
Voted, To examine the regulations section by section.
The regulations proposed were then taken up, examined section by section, and accepted from the first to the sixth section inclusive. [See Appendix A.]
Voted, To continue the present Water Board chosen at the annual meeting.
Voted, That when this meeting adjourns it be to meet in this place on Friday evening next, at seven of the clock.
Voted, To take up the ordinance to establish the Brook- line Water Board, as found on page four of the printed re- port.
Voted, To examine the ordinance section by section.
The ordinance proposed was then taken up, examined sec- tion by section, and accepted from the first section in rela- tion to choosing a Water Board in the year 1877, and one member of said board annually thereafter, to the tenth sec- tion inclusive. [See Appendix A. ]
Voted, To adopt the recommendations of the committee in relation to not charging for water prior to January 1, 1876 ; to wit, -
Voted, That no charge be made to water takers for water supplied previous to January 1, 1876.
Voted, That thereafter the water rates shall be charged and collected from January 1, 1876, to January 1, 1877, and that thereafter they shall be made payable on the first of January for the whole of the year ensuing, and all takers of water after that date pro rata.
Voted, To adjourn.
Attest : B. F. BAKER,
Town Clerk.
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Adjourned Annual Meeting, April 21, 1876.
ADJOURNED ANNUAL MEETING, APRIL 21, 1876.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Friday, the twenty-first day of April in the year of our Lord one thousand eight hundred and seventy- six, and were called to order at seven of the clock in the evening by the Moderator, William I. Bowditch.
Records of the last meeting read and approved.
Tenth Article taken up :
To see if the town will raise and appropriate such sums of money as may be necessary to maintain the water works, and to pay for the laying of water pipes during the current year, agreeably to the provisions of Chapter 343 of the Acts of the year 1872.
Mr. George Griggs offered the following votes, which were acted upon separately by the meeting, and were passed as follows ; to wit, -
Voted, That in addition to the $475,000 heretofore appropriated and borrowed, the further sum of twenty-five thousand dollars ($25,000) is hereby appropriated for supplying the inhabitants of Brookline with pure water.
Yeas, fifty-six.
Noes, none.
Voted, That the Treasurer of the town be authorized to borrow said twenty-five thousand dollars to pay debts incurred in supplying the in- habitants with pure water, and to issue scrip therefor in the form here- tofore used, and payable on the first day of January A.D. 1898, with interest at a rate not exceeding 6 per cent. per annum, payable semi- annually, which scrip shall be signed by the Treasurer of the town and at least three of the Selectmen.
Yeas, seventy-three.
Noes, none.
Voted, That there be raised by taxation this year the sum of twelve hundred and fifty dollars (in addition to the appropriation heretofore made for payment of interest on the town debt) to pay the interest for one year on such scrip, and that from the appropriation of $55,000 made this year towards the sinking fund, the sum of $500 be applied by the commissioners toward a sinking fund to pay said scrip at maturity.
Yeas, sixty-one.
Noes, none.
Voted, That all money raised by taxation for the sinking fund hereby created be collected and paid over to the Sinking Fund Commissioners of this town, who shall keep an account thereof separate from all other
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Brookline Town Records.
accounts, to be called the Sinking Fund of the Brookline Water Scrip of 1876.
Yeas, sixty-five.
Noes, none.
Voted, That the Moderator declare the number of legal voters present and voting in the affirmative, and those voting in the negative, on the four preceding votes, and the Town Clerk record the respective numbers.
In pursuance of the foregoing votes, the Moderator made declaration ; of the votes and the number of those voting thereon.
Fifteenth Article taken up :
To act upon by-laws already adopted, or to adopt any new by-laws which may be proposed.
Dr. T. E. Francis presented the "by-laws relating to the public health " which had been printed and distributed among the inhabitants of the town, and moved that they be accepted.
The proposed by-laws were then taken up, examined sec- tion by section, amended, and accepted from the first to the twenty-seventh section inclusive. (See page 336.)
Voted, That all by-laws of the town of Brookline incon- . sistent with the foregoing, relating to health, are hereby re- pealed.
Voted, That the foregoing by-laws be referred to the Board of Health, and Messrs. Thomas H. Talbot and Charles H. Drew, to present them to the Superior Court, or some judge thereof, for approval.
Mr. Edward Atkinson moved that the by-laws proposed at the adjourned town meeting held on Wednesday, the twenty- second day of March last, which had been printed and distrib- uted among the inhabitants, relating to the time of closing the polls on the day of the election of town officers, be adopted.
After considerable discussion on this subject and various amendments being moved, it was -
Voted, That the subject be indefinitely postponed.
Eighteenth Article taken up :
To raise and appropriate such sums of money as may be required to defray the expenses of the town during the ensuing year, and for any or all of the foregoing articles.
The report of the committee to whom was referred the sub-
335
Adjourned Annual Meeting, April 21, 1876.
ject of salaries, which had been printed and distributed among the inhabitants, was then taken up, and after considering the subject of the report, the meeting passed the following votes ; to wit, --
Voted, That the pay of the Selectmen be seven hundred and fifty dollars each.
Voted, That the pay of the Assessors be seven hundred and fifty dollars each.
Voted, That the sum of two hundred dollars be appropri- ated for preparing the tax list for publication, and for cor- recting the corporation list at the State House.
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 salary of the Librarian be one thousand two hundred dollars.
Voted, That the pay of the Janitor of the Town Hall be three dollars per day.
The meeting then voted the following appropriations ; to wit, -
For town officers .
. $11,000 00
Clerk of Selectmen
750 00
care of Town Hall, including janitor
ยท 2,500 00
Police
. 16,000 00
Fire Department
. 5,500 00
Seventh Article taken up :
To see what action the town will take upon the claim of John McCor- mack, for work done and material furnished on Washington street.
The Selectmen, to whom was referred the Seventh Article, recommended that the subject be referred to three referees.
Voted, That the subject of the Seventh Article be referred to three referees, one to be chosen by the Selectmen, one to be chosen by Mr. McCormack, and one to be chosen by these two, and their decision to be final.
Eighth Article taken up :
To see if the town will petition the County Commissioners to relocate and widen Grove street, upon the petition of W. A. Humphrey and others.
Mr. W. A. Humphrey, to whom the subject of making
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Brookline Town Records.
Grove street was referred at the last meeting, stated that the probable cost of what they wanted done would not exceed the sum of two thousand five hundred dollars.
Voted, That the whole subject in relation to making Grove street be indefinitely postponed.
Voted, That the sum of two thousand five hundred ($2500) dollars be appropriated to purchase a hook-and-ladder truck and hose carriage.
Voted, That the charge for letting on and turning off the water be one dollar.
Voted, That the Selectmen be authorized to employ counsel in cases where they deem the interests of the town require it.
Voted, That the various appropriations made by the town, including those for making and repairing highways and town ways, less the amount in the treasury and the estimated re- ceipts for the current year, amounting to dollars, be assessed 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 make the appropriation for the Fire Department seven thousand five hundred (7500) dollars.
BY-LAWS RELATING TO THE PUBLIC HEALTH.
[See page 334.]
SECTION 1. It shall be the duty of the Board of Health to be vigilant and active in protecting the public health; to see that the laws and ordi- nances in relation to the same are enforced; to communicate their views to the Board of Selectmen from time to time, as they may deem expedi- ent ; and they shall have power to call upon the police and the various town officers to aid them in the performance of these duties.
SEC. 2. The Board of Health shall make all contracts and regulations for the cleaning of cesspools, vaults, and privies, and the collection of house offal, and the employment of laborers required therefor ; provided, however, that the expenditure for the purposes herein enumerated shall not exceed the amount previously appropriated therefor by the town; and all contracts for such work shall contain the condition that they shall be performed to the satisfaction of the Board of Health.
SEC. 3. The Board of Health shall organize annually by choice of one of their members as chairman. The said board shall also appoint a secre- tary, whose duty it shall be to have charge of the records of said board.
SEC. 4. The said board shall annually, on or before the 10th day of February, send to the Selectmen an estimate, in detail, of the appropria- tions required by the Health Department during the next financial year.
337
Adjourned Annual Meeting, April 21, 1876.
All bills for expenditures from the appropriations for the Health Depart- ment shall be drawn for by the chairman of said board, and examined by the auditor of the Selectmen, before they are paid by the Town Treasurer.
SEC. 5. The Board of Health shall annually, in the month of Febru- ary, present to the town a report made up to and including the last day of the preceding January, containing a full and comprehensive statement of the acts of the board during the year, and a review of the sanitary condition of the town.
SEC. 6. Whenever the board sells any article or materials belonging to the town, or does, or causes to be done, work for any individual, they shall enter, in books to be kept for that purpose, all such sales and work done, with the price thereof, and shall forthwith make out bills for the same and deliver them to the Town Treasurer for collection, and the Treasurer shall forthwith demand payment of the said bills; and in case any bills or dues under this by-law remain unpaid at the expiration of thirty days after demand for payment as aforesaid, the said Treasurer shall deliver the same to the Board of Selectmen for legal proceedings ; but if the Selectmen are satisfied that the interests of the town require it, they may cause legal proceedings to be had at any time.
Interment of the Dead.
SEC. 7. The Board of Health may give licenses for burials, and for the removal of dead bodies from the town, and point out the place, depth, width, and range of all graves in the several burial grounds, and shall for- bid graves to be dug within those limits in such grounds in which, in its judgment, it would be dangerous to the public health to allow graves.
SEC. 8. No person shall bury, or inter, or cause to be buried or in- terred, any dead body, in violation of any direction or order of the said board given in accordance with the preceding section, or without having first obtained a license so to do.
SEC. 9. No person shall inter, or cause to be interred, any dead body in a grave less than three feet deep, from the surface of the ground sur- rounding the grave to the top of the coffin.
SEC. 10. On the first Monday of February annually, or within sixty days thereafter, the Board of Health shall appoint, for a period of one year from the first Monday of April in the year in which they may be appointed, such a number of funeral undertakers as may be deemed ex- pedient, and they shall be responsible for the decent, orderly, and faith- ful management of the funerals undertaken by them, and for a strict compliance with the ordinances of the town in this behalf. . Each under- taker may employ porters, of a discreet and sober character, to assist him, and he shall be accountable for their conduct ; said undertakers and porters may be removed at the pleasure of the board. No person not appointed as aforesaid shall open any tomb or grave for the purpose of depositing or removing any dead body without the permission of the Board of Health.
SEC. 11. No person shall bury or inter, or cause to be buried or in- terred, any dead body, at any other time of the day than between sunrising and sunsetting, except when otherwise permitted by the Board of Health.
338
Brookline Town Records.
SEC. 12. No person other than a licensed undertaker or superintend- ent of cemetery, shall remove any dead body, or the remains of any such body, from any of the graves or tombs in the town, or shall disturb any dead body in any tomb or grave, without the license of the Board of Health.
SEC. 13. The Board of Health is authorized to make and adopt any regulations in relation to the interment of the dead which they may deem expedient.
Vaults and Drains.
SEC. 14. ' In order to abate a nuisance, the Board of Selectmen, with the approval of the Board of Health, is authorized to permit, under such restrictions not inconsistent with existing by-laws of the town in rela- tion thereto, and on payment of such sums as they may deem expedient, the construction of sufficient passage ways or conduits under ground for the purpose of conveying the contents of any vault, privy, or wet lands into any common sewer or drain.
SEC. 15. If the Board of Health shall at any time be satisfied that any tenement, used as a dwelling-house, is not provided with a suitable privy, . vault, and drain, or either of them, as aforesaid, they shall give notice in writing to the owner, agent, occupant, or other person having the care thereof; and in case of neglect or refusal to obey such notice the Board of Health shall cause such privy, vault, and drain to be made for such tenement or other building, at the expense of such owner, agent, occu- pant, or other person ; and in case any such drain, vault, or privy is con- structed as aforesaid for the use of more than one house, then the owner, agent, occupant, or other person having the charge of each of such houses shall be liable to pay a proportional part of such expense.
SEC. 16. Whenever any vault, privy, or drain becomes offensive or obstructed, the same shall be cleansed and made free, and the owner, agent, occupant, or other person having charge of the land in which any vault, privy, or drain is situated, the state or condition of which is in violation of the provisions of this ordinance, shall remove, cleanse, alter, amend, or repair the same within such reasonable time, after notice in writing to that effect given by the Board of Health, as shall be expressed in such notice. In case of neglect or refusal so to do, the Board of Health may cause the same to be removed, altered, amended, or repaired as they may deem expedient, at the expense of the owner, agent, occu- pant, or other person as aforesaid, and such owner, occupant, or other person shall also be liable to such penalties as are prescribed by law or ordinance.
SEC. 17. No cesspool, vault, or privy situated within one hundred feet of any town way or public building, shall be emptied in any other mode, or at any other time than the Board of Health may direct and appoint, subject to such regulations as the board from time to time shall make on the subject, and always at the expense of the owner, agent, occupant, or other person having charge of the tenement in which such vault is situ- ated.
SEC. 18. Books, in which shall be entered all applications for opening and cleansing vaults, shall be kept in convenient places under the charge
339
Adjourned Annual Meeting, April 21, 1876.
of the Chief of Police; such applications shall specify the number of loads, if less than the whole contents of the vault, to be removed, and they shall receive attention in the order in which they are made, so far as practicable.
SEC. 19. Whenever, upon due examination, it appears to the Board of Health that the number of persons occupying any tenement or build- ing in the town is so great as to be the cause of nuisance and sickness, and the source of filth, or that any tenement or buildings are not fur- nished with vaults constructed according to the provisions of this ordi- nance, and sufficient privies and drains under ground for waste water, they may thereupon issue their notice in writing to such persons, or any of them, requiring them to remove from and quit such tenement or building within such time as the said board shall deem reasonable. And if the person or persons so notified, or any of them, shall neglect or refuse to remove from and quit such tenement or building within the time men- tioned in such notice, the Board of Health are hereby authorized and em- powered thereupon forcibly to remove them ; and such person or persons shall be liable to a penalty for such neglect or refusal, and for the expense of their removal.
House Offal, Ashes, &c.
SEC. 20. All house offal, whether consisting of animal or vegetable substances, shall be placed in suitable vessels, and no ashes or other refuse matter shall be mingled therewith; and the same shall be kept in some convenient place, to be taken away by the town scavengers, which shall be done as often as once in each week.
SEC. 21. No person shall remove, or carry in or through any of the streets, squares, courts, lanes, avenues, places, or alleys within the town of Brookline, any house dirt or house offal, either animal or vegetable, or any grease or bones, or any refuse substances from any of the dwelling- houses or other places in the town, unless such person so removing or carrying the same, and the mode in which the same may be removed or carried, shall have been expressly licensed by the Board of Health, upon such terms and conditions as they may deem the health and interest of the town require. But all the ashes and cinders made from steam en- gines, or steam boilers, forges or furnaces, used for mechanical pur- poses, shall be removed at the expense of the parties occupying the build- ing, or the owners thereof, and at such times and in such manner as the Board of Health may direct.
SEC. 22. No person, without the license of the Board of Health, shall throw into, or leave in or upon any street, court, square, lane, alley, pub- lic square, public enclosure, vacant lot, or any pond or body of water within the limits of the town, any dead animal, dirt, sawdust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam, or lobster shells, waste water, rubbish, or filth of any kind, or any refuse animal or vege- table matter whatsoever. Nor shall any person throw into, or leave in or upon flats or tide water within the jurisdiction of the town, any dead animal or other foul or offensive matter.
SEC. 23. If any of the substances mentioned in the preceding section shall be thrown or carried from any house, warehouse, shop, cellar, yard, or other place, or left in any of the places specified in the preceding sec-
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Brookline Town Records.
tion, the owner and occupant of such house, warehouse, shop, cellar, yard, or other place as aforesaid, and the person who actually threw, carried, or left the same, or who caused the same to be thrown, carried, or left, shall severally be held liable for such violation of this ordinance ; and all such substances shall be removed from the place where they have been so thrown or left, as aforesaid, by such owner or occupant, or other person, within two hours after personal notice in writing to that effect, given by the Board of Health or any police officer; or such removal shall be made under the direction of said board or its officers, and the expense thereof borne by such owner or occupant.
SEC. 24. All dirt, sawdust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam, or lobster shells, waste water, or any animal or vegetable substance, rubbish, or filth of any kind, in any house, ware- house, or other building, cellar, yard, unaccepted street, alleyway, or other place which the Board of Health may deem injurious to the health of the town, shall be removed by the owner or occupant of such house, warehouse, other building, cellar, yard, unaccepted street, alleyway, or other place where the same may be found, within twenty-four hours, or such other time as the Board of Health may deem reasonable, after notice in writing to that effect served personally upon the owner or occupant, or their authorized agent, by any police officer or person competent to serve a notice in a civil suit, or left at the owner's, occupant's, or agent's last and usual place of abode, if the same be known and be within the State, or such removal shall be made under the direction of the Board of Health, and the expenses thereof borne by such owner or occupant, who shall also be liable to a penalty.
Miscellaneous.
SEC. 25. No person shall bring into town any decayed or damaged grain, rice, coffee, fruit, potatoes, or other vegetable product, or any tainted or damaged meat or fish, without a permit therefor from and in such a manner only as directed by the Board of Health.
SEC. 26. Every person offending against any of the provisions of this ordinance for which no penalty is prescribed by the laws of the Com- monwealth, shall forfeit and pay a sum not less than one dollar, nor more than twenty dollars for each offence.
SEC. 27. The Board of Health shall also have charge of any buildings which are or may be established within the town limits for the admission of patients having the small-pox or any other infectious disease; and they shall make such rules and regulations for the management and gov- ernment of the patients and employees as they may deem proper and necessary. And the said Board of Health shall carefully guard against the introduction of any cases of infectious disease into any other buildings under their charge than those appropriated for that purpose by the town.
Voted, That the meeting be now dissolved.
Dissolved at fifteen minutes past twelve o'clock at night.
Attest : B. F. BAKER,
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