USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing minutes of the Selectmen's meetings, from 1811 to 1817 and part of 1818 > Part 25
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Mr. Chase applied to be licensed to sell at public auction at Nº. - State Street. - The Board being desirous to keep that street clear from auction offices and having formerly met with great difficulty in obtaining this object, refused to grant the request .-
Mr. Wentworth applied for permission to have one truck & one cart stand on Custom house street-The Board finding it met the approbation of the citizens residing on that street, granted the request until the further order of the Board .-
[209.] Boston ss. At a Meeting of the Selectmen February 4th. 1818 .- Present Messrs. Phillips, Oliver, Hunnewell, Lovering, Austin, Dorr & Silsby .-
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Mr. Caleb Eddy as attorney to Timothy Gay having complained against Capt. Joshua Nash for obstructing a public passage way between Prince & Pond streets, to the damage of said Gay, the Board took the same into consideration and Voted, That the Chairman notify Capt. Nash of the complaint and inform him that the obstacle must be removed without delay .-
The following vote of the Firewards was presented by Mr. Hunnewell, viz-"At a meeting of the Firewards Jany 8. 1818 .- Voted, That Jonathan Hunnewell, Thomas Melvill & James Phillips be a Committee to wait on the Honble. board of Select- men to obtain a vote, authorizing the town Treasurer to pay the expenses of the Board of Firewards, over and above any moiety of fines and forfeitures that may hereafter accrue and inure to them, in prosecution of their duty either from the Fire or Powder laws .- A true copy of record-signed A. Cunningham Secre- tary."-The Board after maturely considering this subject were of opinion, that it did not comport with the honor or dignity of the town, that the board of Firewards, who risked their lives and health for [210.] the preservation of the lives and property of their fellow citizens, without any salary or emolument arising from their office, should be subjected to the expense accruing in the discharge of their duty; Voted, that in consideration of the arduous task the Firewards are subjected to in carrying the Fire and Powder laws into effect and the expense naturally attending the same, that they be authorized (in future) to lay their accounts before this board for allowance (deducting the sums they may receive for fines and forfeitures from the Fire and Powder laws ) provided the expense does not exceed two hundred & fifty dollars per annum .-
Boston ss. At a. Meeting of the Selectmen February 11th. 1818-Present the whole Board, except Mr. Bulfinch .-
Inquiry having been made into the circumstances of Thomas Capen, return was now signed to the Judge of Probate that said Capen was a person non compos mentis, and recommending that a guardian should be appointed for him.
The Town Clerk laid before the Board an attested copy of the petition of David Greenough Esq. and others to the legislature to be incorporated for the purpose of erecting a new market house or houses in the town near Dock Square, with an attested copy of the notice ordered to be issued thereon, which he this day received. The Board considering this project may be of import- ance to the interest of the town [211.] in as much as it may reduce the income &c of the present market, and there not being time previous to the 16th. instant (at which time the order of notice expires) to call a town meeting-Voted, that Mr. Hunne- well be requested to appear (in behalf of the Board) before the
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committee of the legislature and request, that the subject be laid over to the first session of the next General Court .-
Mr. Andrew Sanborn constable of the center watch appeared before the Board, to answer to a complaint made against him, for not affording assistance on the morning of the 10th. instant, when called on by Mr. Whitney for aid to apprehend the thieves who broke into and robbed the store of Mr. Wyman in Marlborough street. -The Board after hearing his defence were of opinion he had not exculpated himself from the charge that was brought against him, in as much as he did not afford that assistance which it was in his power to do, and which it was his duty to have done- therefore voted, that the Chairman direct Mr. Brewer to select some other person as constable of that division of the watch, & return his name to the Board for their approbation .-
The Inspector of Police made a return of a coach stepping stone and a number of posts which are dangerous to pas- sengers-The Board requested the Chairman to direct the Police officer to have them removed as soon as the season will admit .-
[212.] Boston ss. At a Meeting of the Selectmen February 19th. 1818-Present Mess's. Phillips, Lovering, Austin, Bass, Dorr & Silsby .-
22 grand jurors & 35 traverse jurors were drawn to serve at the Supreme Judicial Court .-
Voted, that the senators of the county of Suffolk and the repre- sentatives of this town be requested to use their endeavours, that the petition of David Greenough and Thomas Motley to the leg- islature of this commonwealth to be incorporated for the purpose of erecting a new market house or houses in the town of Boston, be postponed to the first meeting of the next General Court .-
Complaint being made that a stone wall of John Callender Esqr's in Olive street is so far decayed as to endanger the lives of the citizens passing near it .- Voted that Mr. Sprague, Mr. Blaney & Mr. Thorndike be appointed to view the same and report to this Board at their next meeting .-
Mr. Brewer having recommended Mr. Nathaniel Phillips as con- stable of the center watch (in place of Mr. Andrew Sanborn removed) the same was approved by the Board.
[213.] The subcommittee appointed to examine the accounts of the gentlemen retained as counsel in the town's suits against Ward N. Boylston Esq. made the following report viz.
" The sub committee who were instructed to examine certain accounts for expenses incurred in the town's suits with Ward N.
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Boylston Esq. have directed me to report .- That they have care- fully attended to the business and have recurred to the best sources of information in their power in order to ascertain what is fairly and honorably due from the town .-
In estimating its obligations to the eminent and able gentle- men who were retained as its counsel the committee have kept in mind their high professional character and the importance of the causes in litigation and are of opinion that the several sums herein mentioned would be a very liberal and honorable compen- sation .- viz. To Perez Morton Esq. fifteen hundred dollars-To the estate of S. Dexter Esq. one thousand dollars-To William Prescott Esq. three hundred dollars .-
The Committee do therefore report as their opinion that the said sums (first deducting whatever has already been paid in ad- vance be paid to the above named gentlemen respectively in full of their respective demands for all the services rendered in each and all the several suits between the town & Ward N. Boylston Esq. and for all special [214.] or other services therewith connected .-
Which is respectfully submitted pr. order.
JAMES T. AUSTIN Chairman of sub committee."
Which being read was accepted .-
The Board directed that Mr. Buckingham be employed to print notifications.
Boston ss. At a Meeting of the Selectmen February 25th 1818. Present the Board except Mr. Bulfinch .-
Passed the monthly accounts.
6 jurors were drawn for the District Court of the United States.
The gentlemen appointed on the 19th. instant to view the stone wall of John Callender Esq. reported, that it was in a dangerous state and ought to have a degree of security immediately .- The Chairman was directed to give Mr. Callender notice .-
Mr. John A. Bacon was licensed as an auctioneer, his place of business Central wharf .-
The Board agreed to take of Mr. Andrew J. Allen 82 books of the by laws half bound at 46 cents & 18 full bound at 56 cents.
[215.] The Chairman reported that he and Mr. Austin had viewed the school for people of colour in Belknap street & directed Mr. Ellms what repairs to make .- The Chairman also informed the Board he had conversed with Mr. Paul respecting an instructor for the school for people of colour; that Mr. Paul had recom-
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mended Mr. James Walter as a suitable person to take charge of the school, and that he (the Chairman) had agreed with Mr. Walter to take the school on trial, the Board to allow him (out of the donation of Abiel Smith Esq. deceased) such sum as they shall think he deserves in addition to the $200 allowed by the School Committee-Salary to commence 1st. March .- which was approved by the Board .-
Mr. Larra Crane requested the Board to make application to the Judge of Probate that a guardian should be appointed for Edward Smith on the ground that the town may become liable for the support of said Smith & his family, by reason of his dissipa- tion and idleness-It appearing that while said Smith resided in the County of Penobscot (from which he has recently removed to this town) one David Perkam of said county was by the Judge of Probate thereof duly appointed his Guardian .- This being a novel case, the board requested the Chairman to take the advice of the Judge of Probate, & report at the next meeting of the Board .-
[216.] The Chairman Mr. Hunnewell & Mr. Silsby were appointed a committee to revise the order to the constables of the town watch and make such additions thereto as they may consider expedient and necessary .-
The warrant for March meeting was signed and Rev. Mr. Balou to be requested to open the meeting with prayer .-
Boston ss. At a Meeting of the Selectmen March 4th. 1818 .- Present Messrs. Phillips, Oliver, Hunnewell, Bass, Dorr & Silsby .-
A special draft was made on the Treasurer for the purpose of paying the gentlemen who were retained counsel in town's suits with Ward Nicholas Boylston the balances due to them .-
The Chairman reported that agreeably to the directions of the Board he had given Mr. Callender notice of the dangerous state of his wall, and that he had requested him to take immediate meas- ures to place it in a state of security.
The Chairman also reported, that he had conversed with Judge Dawes on the subject of the application of Mr. Larra Crane, that a guardian might be appointed for Edward Smith; the judge informed him, he could not consistently appoint a guardian for said Smith, until the bonds of the present guardian in the county of Penobscot were cancelled-the Board were therefore of opinion they could not comply with Mr. Cranes request.
[217.] On the application of a number of citizens that a bull or bulls might be provided & kept in some convenient and
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suitable place .- Voted, That Mr. Lovering be requested to con- verse with Mr. Samuel Phillips on this subject, and ascertain if he would undertake to furnish one or more bulls, and on what terms and report to the Board .-
Application was this day made to the Judge of Probate, that he would appoint a guardian to John Somes on the ground that the said Somes is wasting and conveying his estate in such a manner as thereby to endanger & expose the town to a charge for his maintenance .-
Messrs. Oliver, Hunnewell & Lovering were appointed a com- mittee (with full power) to view a piece of land owned by Capt. John Roulstone bounded on Front & Beach streets, and deter- mine whether it is necessary for the town to take any part of the same (and if any, what part) to widen Beach street & to agree with Capt. Roulstone for the same .-
Capt. John Roulstone was appointed by the Board to carry into effect the fifth section of a law of this Commonwealth passed March 17th. 1797-" to prevent fraud in measuring charcoal." --
[218.] Boston ss. At a Meeting of the Selectmen March 11th. 1818. Present Messrs. Phillips, Oliver, Lovering, Austin, Bass, Dorr, Silsby & Farnam .-
This being the first meeting of the Board since the annual election of town officers; votes for a Chairman were taken by ballot, and Turner Phillips Esq. was declared to be chosen .-
The oath of office was administered to Mr. Farnam by Turner Phillips Esq. a Justice of the Peace .-
The following officers were chosen for the year ensuing. - viz .-
Samuel Phillips-Hay weigher, Joseph Lovering & John Parker Esqrs. his bondsmen.
Nathaniel Merriam, Clerk of the Market, Allan Pollock, Sealer of Weights & Measures.
Caleb Loring Junr. Weigher of Boats and Lighters.
The Chairman, Messrs. Hunnewell & Lovering, a committee to revise the rules & orders of the Board.
Mr. Lovering reported that there was on the Town's land on the Neck, a small [219.] building that has been used to keep the bulls in, and that there was also fencing, the whole of which
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could be removed at a small expense to a place near the hay scales, and that Mr. Phillips (the hay weigher) would agree to take care of a bull, & be at the expense of his keeping, on condi- tion of being allowed all the money to be collected from the owners of cows .- The town to purchase the bull & be at the expense of removing the building & putting up the fence .- the above was agreed to on the part of the Board-and Mr. Lovering was requested to complete the business .-
The Chairman was desired to take measures to have an adver- tisement inserted in the Centinel, Chronicle & Daily Advertiser, that the lists of voters were posted for inspection.
The Officer of Police was directed to give notice, that between the dates of March 16th. and April 20th. next-no cart, waggon or truck shall carry at one time, over the streets more than two hogsheads, four feet of wood, or of manure, or of any other article more than one ton .-
Complaint was made by Wm. Stackpole Esq. against Allan Locklan proprietor of Hack Nº 59. for demanding more than the legal fare & using abusive language-They were both notified to appear before the board on Wednesday next 4 O'clock P.M .-
[220.] Boston ss. At a Meeting of the Selectmen, March 18th. 1818-Present Messrs. Phillips, Hunnewell, Lovering, Austin, Bass, Dorr, Silsby & Farnam .-
Mr. John Brown (broker) was licensed as an auctioneer- Also Humphrey Clark Jur. as an assistant to Mr. Wilby for thirty days .-
Mr. Stackpole appeared to substantiate his charge against Mr. Locklan proprietor of hack Nº. 59 .- & Mr. Locklan was heard in his defence-the parties having retired it was Voted, that the license of hack Nº 59. be suspended during the pleasure of the board.
The committee appointed the 4th instant were authorized to agree with Capt. J. Roulstone for land sufficient to widen Front & Beach streets at a price not exceeding fifty cents per square foot .-
Voted, That six feet of dry pine or eastern wood be allowed to be carried at one time through the streets of the town, the vote of the 11th instant to the contrary notwithstanding .-
The Chairman, Mr. Silsby & Mr. Hunnewell were appointed a committee to report on the duty of police officers.
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Mr. Hunnewell, the Chairman & Mr. Dorr a committee to confer with the Town's Committee on the subject of enlarging the Market.
[221.] On the application of Rev. Mr. Huntington & MIr. Thurston leave was granted to occupy the North School house and the school house in Mason street for Sunday schools .-
The Police officer was directed to make a return of the number of carts usually standing in Central street .-
The Committee appointed to revise the rules and orders of the board have attended that service and ask leave to report the fol- lowing Rules & Orders for the future regulation of the board .-
A chairman shall be chosen annually by written votes, who shall preside at the meetings of the board : the senior member present shall preside in the absence of the Chairman .-
The time of the regular meeting of the board shall be on Wednesdays at half past three P.M. from March to October, and three o'clock from October to March; and punctual observ- ance of these hours is requested .- The Chairman is authorized to call special meetings of the board whenever it is requisite .-
Five members shall be necessary to form a board .-
[222.] The majority of votes of the members present shall be considered as the act of the Board; but any member may enter his dissent to any measure, on the records ;- and no vote shall be reconsidered by a less number than were present when the vote was passed .-
All appointments to office, made by the board, in conformity to the laws of the state, or to the bye laws of the Town, shall be made by written votes, and at a time assigned for that purpose .-
The Town Clerk shall attend at every meeting of the board, and shall take & make a record of all the proceedings, and enter the names of the members present .- In case of the necessary absence of the Town Clerk, the Chairman shall take the minutes .-
At the opening of each meeting, the Town Clerk or Chairman shall read the records of the proceedings of the last meeting .-
There shall be a monthly committee on accounts to consist of two members of the board taken alphabetically, who in conjunc- tion with the Chairman of the board, shall meet at the Selectmens room at three o'clock, on the Monday preceding the day on which the monthly draft is closed, whose duty it shall be, to
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receive and examine all demands against the town that shall be [223.] presented for payment, to make a rough draft of the same and lay it before the board for their inspection and appro- bation. The draft when completed shall be signed by the com- mittee and the Town Clerk before it is sent to the Treasurer ; and no addition shall be made to it while in the hands of the Treasurer unless the same is signed by a majority of the board, in the form of an order .-
Every person who shall furnish any supplies or do any work for the town shall, at least four days previous to the day on which the monthly draft is closed, present his bill to the committee (or one of them) who have the charge of that section of the town for which the supplies were furnished or the work done. And it shall be the duty of said committee or one of them to examine such demands, and certify [that] they are correct previous to their being presented to the committee on accounts for their approba- tion ; & no demand unless so examined & certified shall be passed by the committee.
The town shall be divided into four sections; Section Nº 1 shall consist of Wards Nº 1, 2 & 3 .- Section Nº 2 of Wards Nº. 4. 5 & 6 .- Section Nº 3. of Wards Nº. 7. 8 & 9. Section Nº 4- of Wards Nº 10. 11 & 12-There shall be two members of the Board assigned to each of the sections who shall have the [224.] direction and oversight of the streets, and of the repairs necessary to them, and shall have liberty to undertake and order any work, the expense of which shall not exceed forty dollars ; but no under- taking which shall exceed that sum shall be begun or contracted for, without being first laid before the board and agreed to by vote, and if any committee of the board shall contract for or expend more that [than ] forty dollars on any one object without the approbation of the board being first obtained (except on some special occasion, the existence of which is to be decided by the board) such committee shall be responsible in their private capacity for the amount exceeding forty dollars .-
For any work that may be done in the streets which divide the sections, the committees having the sections bordering thereon, shall confer together, and agree upon the same .-
Each committee is particularly desired to pay attention in their section to all drains that may be opened, to see that they be laid of proper dimensions ; to observe all encroachments and incum- brances of the streets, and to inform the Superintendent of the same, that measures may be taken for their speedy removal : and to suggest such improvements of the streets or foot walks as are practicable, by a right disposition of the common resources of the town : and generally to pay attention to the Town slips and lands in their districts .-
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SELECTMEN'S MINUTES, 1818.
[225.] There shall be standing committees of the Board for the following purposes .-
1st-A committee of two members for each school; whose duty it shall be, to direct all necessary repairs, to provide the schools with wood &c .-
2d-A committee to each watch house for the same purposes .-
3d-A committee to inspect the Hay Scales, to attend to repairs and the accounts of the Hay weigher .-
4th-A committee to attend to the Town house, to direct repairs and report respecting rents .-
5th_A committee on the Market; to direct repairs and to attend to the proceedings & accounts of the Clerk of the Mar- ket .-
6th_A committee to have the care and superintendence of the Neck .-
7th-A committee to have the care of the Common .-
Voted, That the Board be divided into committees as follows .-
Section Nº 1 to be assigned to Mess. Austin & Silsby.
Section Nº. 2 to Messrs. Dorr & Farnham.
Section Nº 3 to Messrs Oliver & Bass.
[226.] Section Nº 4. to Mess". Hunnewell & Lovering.
That Messrs Lovering & Bass, committee of the Neck.
Messrs. Oliver, Hunnewell, Lovering, Bass & Phillips-commit- tee of the Common .-
Messrs. Phillips, Dorr, Silsby & Farnham committee of the Market.
Messrs. Austin & Silsby north schools & watch .-
Messrs. Dorr & Farnham, west schools.
Boylston school, Dorr & Shaw
Messrs. Oliver & Bass-center schools & watch
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Mess". Hunnewell & Lovering, south schools & watch
Mr. Hunnewell-committee of Hay Scales.
Messrs. Hunnewell, Lovering & Austin committee of the Town- house .-
In consequence of the arduous duty of the Chairman of the board usually has to perform, your committee would recommend, that he be excused from serving on any of the committees except those above mentioned, but that he be requested to give his advice and assistance to any of the committees that may apply to him .-
Your committee taking into consideration, that in the estimates of the necessary expenses of the town for the year, certain sums are named [227.] to be appropriated to particular purposes, such as for the streets, the schools, lamps &c: And in order that the board may be duly apprized of their expenditures, they are of opinion it is indispensable they be regularly posted in a book kept for that purpose by the Chairman, under their proper heads, and the aggregate of their respective amounts, laid before the board every draft day .-
All committees to report their doings at the next meeting of the board after their appointment, or as soon after as possible .-
The foregoing report was read & accepted-
Boston ss., At a meeting of the Selectmen March 25th. 1818- Present Messrs. Phillips, Oliver, Lovering, Austin, Bass, Dorr, Silsby & Farnam .-
34 Jurors were drawn for the Boston Court of Common Pleas .-
Mess's. Oliver, Hunnewell & Bass a committee to view the wall on Pemberton's hill, back of the building belonging to Thomas Welsh Jun. Esq.
Complaint having been made of the butchers carts standing in Cornhill ; ordered, that from and after the third [228.] day of April next, no butchers cart or other carriage having beef or mut- ton for sale, or butchers empty cart or carriage, shall be allowed to stand in Cornhill or Market street-And it is hereby further ordered, in pursuance of the authority vested in the Selectmen by a law of the Commonwealth, that if any person shall offend against the above order, he shall forfeit and pay the sum of five dollars upon conviction of every breach of the same.
Mr. Hayward informed the Board that there were 32 carts usually standing in Central street-Ordered, that in future not
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more than ten carts be allowed to stand in Central street-that ten carts be allowed to stand in Liberty Square, and twelve in Adams street .-
Mr. David Hinkly to be notified to pave his side walk in Central street.
Five hundred dollars was appropriated for repairs on the Common .-
Two thousand dollars belonging to the Franklin donation, now in the hand of the Treasurer, was ordered to be deposited in the Manufacturers' & Mechanics' Bank, subject to the order of the Selectmen for the time being .-
The Chairman was authorized to purchase 32 cartridge boxes & bayonet belts at one dollar per sett-to complete accoutrements for the Town's arms.
[229.] The Committee of Section Nº 1 was requested to view the stone cutters shop in Lynn street, complained of by the Police officer .- also to view that part of the street which Mr. Ripley is said to have encroached upon-and report .-
Boston ss. At a Meeting of the Selectmen April 1st. 1818- Present Messis. Phillips, Oliver, Hunnewell, Lovering, Austin, Bass, Dorr & Silsby.
Passed the monthly accounts, as reported by the Committee .-
Voted, That this Board, with such as may join them from the Board of Health will on Tuesday next at 3 o'clock P. M. (for the purpose of facilitating the business of the Commissioners appointed by the Supreme Judicial Court to set off a burying ground at South Boston) proceed to South Boston and agree on two or three lots suitable for that purpose, from which the Com- missioners may select one if they think proper.
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