USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing minutes of the selectmen's meetings, 1799 to, and including, 1810 > Part 38
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and as they entertain the highest respect for the Character of Washington, propose that it be called by his name.
This petition was read & Voted Unanimously that the square on the summit of Fort hill, on the outside of the circular walk, should in future be Known & designated by the name of Wash- ington Place .--
On the application of Mr. Benjamin Eaton for liberty to open the common sewer in Cross Street, for the purpose of cleansing and repairing the same; Ordered that the applicant notify all those whose drains enter therein or receive benefit thereby, to appcar at the Selectmens room on Wednesday next, to shew cause why such repairs [493.] should not be undertaken and Assessed on them generally according to Law .-
Return having been made by M' Joseph Noyes of the names of Proprietors of the Common sewer in Prince Street, he has liberty to proceed to open and repair the same .-
6 Jurors were drawn for Court of Com. Pleas. to supply deficiencies in the last draft .-
Boston ss. At a Meeting of the Selectmen Sept. 24th 1810. Present Messrs : Bulfinch, Wright, Webb & Weld.
A Conference was held with a Committee of the Board of health upon the subject of their communication relative to the police of the burying grounds, which occupied the time of meeting-no decision had upon the subject .-
Boston ss. At a Meeting of the Selectmen Sepr. 26th. 1810 Present MessTs : Bulfinch, Porter, Oliver, May, Wright, Webb & Weld .-
Passed the Monthly Accounts .-
Voted, that the Town Clerk make [494.] out a statement of the accounts which have been allowed to the Coroners of this County since December last, & of the Account now presented ; and that he call upon the Coroners to furnish the best evidence in their power, of the habitancy & circumstances of each person buried by their direction-that a regular demand may be made on the Towns to which it may appear they belonged ; and on the Commonwealth for such as had no legal settlement .-
Also Voted, that no account from any Coroner be allowed in future, without such evidence of habitancy being presented with the account, & certified by the Coroner for each person buried by his order .-
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449
SELECTMEN'S MINUTES. 1810.
The Chairman & M' Weld a Committee on the application of MIT Benjamin Gray & MT Jeremiah Fitch, to view the situation where Copper street should run at the foot of their land at West Boston. and to report whether any and what portion of the expence of continuing and filling Copper Street should be borne by the Town .-
[495.] Boston ss. At a Meeting of the Selectmen October 34. 1810. Present Mess". Bulfinch, Porter, Oliver, Hunnewell, Mar. Wright. Webb & Weld .-
Mess's : May & Webb were added to the Committee on ME Skinners claim on M': Blanchard and others for Sister Street Common Sewer-the Committee was requested to notify the par- ties & to visit the spot with them to bring the claim to a final Settlement.
The Town Clerk is directed to publish a list of persons who have been licensed as Auctioneers the present season .-
The Common Sewer in Cambridge Street, formerly laid by Cap. Mackay. having burst out so as to discharge the contents above ground. An order of Notice was agreed to, for the pro- prietors to appear on Thursday next to shew cause why the same should not be connected with the great Common Sewer in that Street and the expences assessed on them generally according to Law .-
A Committee of Firewards appeared to represent that Engine Nº 2, was unfit for Town service & to request that a new Engine may be provided in that place; they recommend one of the squirt kind .-
[496.] The Chairman was desired to apply to Dr. Dexter the President of [the ] Aqueduct Corporation, that immediate attention may be paid to paving the many places which have been lately opened in the Streets by their workmen .-
Boston ss. At a Meeting of the Selectmen October 11th. 1810. Present Messrs : Bulfinch, Porter, May, Foster & Weld.
MIT : Porter was desired to apply to M' Thayer for a new Engine-to contract for one to be made immediately, the old Engine Nº 2 to be taken in part payment.
No objection having been made to the repair & alteration of the drain in Cambridge Street, & return of the Proprietors being made & entered on file; Ordered the said drain be opened
450
CITY DOCUMENT No. 93.
& repaired where necessary & turned into the great Common sewer in that Street .-
In consequence of the great increase of business in Congress Street. Voted that the carts with Cider be no longer allowed to stand there; but that they shall stand in future in Water Street in one range, & in Pond Street on the Mill Pond -- & the Chairman is desired to publish the same order & regulation .-
[49%.] The Chairman & MI. Weld-a Committee to attend the meeting of the Committee of the General Court on the order of notiee respecting a Canal proposed at the south part of the Town .-
Boston ss. At a Meeting of the Selectmen Oetor. 17th. 1810 .- Present Messrs : Bulfinch, Porter, May, Wright, Webb & Weld .-
Return was made by M' Stephen Gore Jun'. of the expence of repairing the Common Sewer in Nassau Street, the account whereof being duly examined by the Seleetmen was by them allowed ; they being informed at the same time, that all persons coneerned in said drain had been notified aeeording to Law, & that no objections had been made; Assessment was now made, an order of payment was passed by the Selectmen as follows. viz. Whereas a drain or Common Sewer has been laid in Nassau Street, conformably to the directions of the Seleetmen, the whole expence whereof amounts to One hundred & Sixty five dollars sixty four Cents, which expenee is to be born by such persons whose drains enter therein & reeieve benefit thereby; Wherefore [498.] we the Subscribers, Selectmen of the sd Town of Boston Certify that having considered the same expence & by whom and in what manner it ought to be paid. Do Adjudge that the same be paid in the proportion following and by the persons hereafter named. viz .-
Bro't forwd $74.52
Edward Johnson $8.28.
William Lovering 16.56
Perrin May-
8.28.
heirs of Widow Stowell 8.28
Town of Boston-
8.28
Mrs Blaney - 8.28
Ebenezer Farley- 8.28
Mrs Sprague
8.28
Willett & Bullard ?
M' Gooch -
8.28
W. B & G. Guild -
8.28
Mª Homes
8.28
E & J Hartshorne -
8.28
Jeremiah Gore 8.28
- -Hamilton- 8.28
John W. Wheeler 8.28
Perez Whiting
8.28
Lincoln & Stodder- 8.28
Milton Hall
8.28
Nath1 Spear -
8.28
cd. forwd $74.52
$165.60
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SELECTMEN'S MINUTES, 1810.
And we hereby authorize and empower M' Stephen Gore Jun" to demand & receive the above sums from the persons above named, and to give discharges therefor .-
Signed
CHARLES BULFINCH WY PORTER JONA. HUNNEWELL JOHN MAY
NATHAN WEBB BENJA. WELD
Selectmen
[499.] The Committee appointed to consider the circum- stances of the drain laid by Mr. Skinner in Sister Street, reported that they had again investigated his claim to compensation from Mess's Blanchard. Dexter & Tilden :- but it appearing to the board that the parties could not agree upon any statement of facts. and that the drain had been laid by Mr. Skinner without . taking the legal measures of applying to this board; that there- fore the Selectmen could not enforce any payment of assessment that they might make. & therefore it was voted to take no fur- ther measures on the subject.
A petition was handed in from a great number of the proprie- tors of the second Baptist Church. requesting that North Margin Street. on the Mill Pond. should be so altered as to range with the southerly end of their new building .- the same was com- mitted to Messrs May. Webb & Weld, to confer with the Peti- tioners, and examine the expediency of the proposed measure & report .-
An order of Notice was received from the Court of Com. Pleas, on the application of Mr. Harrison for a Jury to [500.] estimate damages for the land taken for Streets north of the Exchange Coffee house : the Chairman & Mr. Wright a Com- mittee to attend the Court on Monday next on this order .-
Boston ss. At a Meeting of the Selectmen October 24th. 1810. Present MessTs Bulfinch. Porter, Oliver, Hunnewell, May, Wright, Foster, Webb & Weld .-
Agreed that Fifty Dollars be allowed towards regulating & gravelling the Southerly end of South Street, the same to be done under the direction of MIT Hunnewell and to his acceptance .-
A warrant was signed for a Town Meeting for the 5th day of November next being the first Monday in that Month, for the choice of a Representative in Congress for this district, MI Wright, to request Rev M' Emerson to open the Meeting with Prayer. - MT. Park to print the Notifications .-
452
CITY DOCUMENT No. 93.
A question having arisen whether it was the intention of the board to allow Interest on the sum allowed Mr R. G. Shaw for land taken to widen Fish Street; the [501.] subjeet was eon- sidered & it was agreed that the Note given him by the Treasurer should be upon Interest .-
Several new applications were received from persons requesting lieenses as Auctioneers-& several Memorials from those whose lieenses had not been renewed this season .- these were read, & the subjeet considered-and it was determined to grant no lieenses in addition to the last list, at present .-
When the two last questions were taken Mr. Porter & Mr. Hunnewell had withdrawn .-
The; Chairman was desired to notify the persons assessed for part of the expenee of opening Exchange lane that the time for paying one half of such Assessment had expired, & to request them to pay the same to the Town Treasurer .-
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Pursuant to a preeept received from Thomas Dawes Esq. Judge of Probate for the County of Suffolk, inquisition was made into the eireumstanees of Samuel Bulfineh-and return was made that he was ineapable of taking care of his property & recom- mending that a Guardian should be appointed for him .-
[502.] Boston ss. At a Meeting of the Seleetmen Oetober 29th. 1810. Present Mess's : Bulfinch, Oliver, May, Wright, Webb & Weld .-
Passed npon Aeeonnts .-
The following Statement of the elaims of Mr. John Leverett & others for land nnder part of the Alms honse, and of their final adjustment, are direeted to be recorded for the convenienee of referenee in fntnre .-
Messrs : John Leverett & others, heirs of Knight Leverett deeeased, brought a suit against the Town for recovery of a piece of land forty feet wide on Leverett Street & running to low water, and also for another piece twenty feet wide & forty feet long branehing from the other at right angles-both which pieees had been appropriated & deseribed in Aneient deeds of Knight Leverett as streets or highways. The Agents appointed by the Town to build the Alms house had oeeupied the said land for Town use, and had built the Alms house entirely over the smaller pieee and aeross the forty foot Street, and had enelosed the remainder for yard & Wharf. -
The suit for the largest piece of [503.] land, or the forty foot street, was carried to the Supreme Judicial Court; and the
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SELECTMEN'S MINUTES, 1810.
plaintiffs having proved their descent & title, it was agreed to refer the consideration of damages to William Prescott, Samuel Putnam & William Sullivan Esquires-a rule of Court was entered into. the subject was considered by the referees, & after hearing Counsel on both sides. they agreed upon their award .-
The rule and award are as follow .-
Suffolk & Commonwealth of Massachusetts.
Nantucket ss )
At the Supreme Judicial Court, begun & held at Boston within the County of Suffolk. & for the Counties of Suffolk & Nan- tucket. on the second Tuesday of March, being the thirteenth day of said Month. Anno Domini 1810.
Inhabitants of Boston. in Review vs John Leverett.
The parties agree that the verdict rendered in favor of the demandant in the original action, shall be affirmed by the Court and judgement rendered accordingly with costs; and the demandant agrees to convey to the said Inhabitants all his right & title in & to the [504.] said demanded premises upon their paying him therefor such sum as shall be assessed by William Prescott of said Boston. Samuel Putnam of Salem & William Sullivan of Boston Esquires, Assessors chosen by the parties ; said Assessors to be governed by such principles as the Court shall prescribe, and their report to be presented to the Court for acceptance and Confirmation, if either party shall require it. Provided such sum be paid by the Town within one year after such report. It being understood that neither party will require such report to be presented to the Court for acceptance, unless such party should conceive that the assessors have not been gov- erned by the directions of the Court. It is also agreed that the costs of this reference shall be paid by the said Inhabitants of the Town of Boston .-
The Court under the preceding agreement of the parties and by their consent, direct that the Assessors chosen under this agreement by the parties shall in the valuation of the demanded premises estimate the land, at the fair cash price of the same, subject to the incumbrances thereon (in the same manner as a Jury would estimate [505.] the same, on an inquiry under the Statute of the Commonwealth passed on the 24 day of March 1808, intitled "an Act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions")-The assessors shall make such allowance for the credit given for the sum at which the premises are valued as they may think proper.
JNO. TUCKER-Clerk
454
CITY DOCUMENT No. 93.
We the Subseribers having duly notified, met & heard the parties within named touching the matters to us submitted by the within rule, now report, that we have estimated the demanded premises, that is to say, Seven undivided Forty fifth parts of the pareel of land deseribed in the demandants writ, at the fair cash priee thereof, subject to the ineumbranees thereon, & are of opinion that the same so estimated & subjeet to said ineumbranees are of the real value of Three hundred & three Dollars & three Cents, and that for the eredit agreed to be given therefor, a further sum of Twenty four dollars & twenty two cents ought to be allowed, making in the whole-Three hundred & twenty seven dollars & Twenty five Cents
[506.] Signed
WM PRESCOTT SAML. PUTNAM WM SULLIVAN
Costs of Rule
Assessors 200
House -20. 52
$ 220. 52
Dated at Boston May 30th. 1810.
In conformity with the above award M' John Leverett pre- sented to the Seleetmen the following aeeount August 23d. 1810.
The Inhabitants of Boston to John Leverett & others-Dr. 1810. to amount of John Leveretts share
7 of land under the Almshouse pr. award
12 Do. Abigail Johnson's - dº -
7/45-327.25. 12/45-561 .-
33 Dº N & M Leonards - d° 33/45-163.623
33 Do Wm Leverett's - -
do 33/45-163.62₺
33 D° Abigail Brush -
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do - 33/45-163.623
3분 D° Thomas Leverett -
do -
33/45-163.623
2 42/45 D°. Benja Leverett - do
2 42/45-137.13₺
$1679.88₺ 35 42/45
An order was drawn on the Treasurer in favour of John Leverett for 1542.75-and Deeds were duly executed by him for his proportion & for the others for whom he was Attorney to that amount .- And also an order was drawn in favour of B Leverett for 137. 132-and a Deed was executed by him for his pro- portion .-
After this settlement proposals were made for settling the elaim for the other piece of land 20 feet by 40 ft. which [507.] could not be ineluded in the Reference-and it was agreed by the Seleetmen to allow therefor, and for the purpose of elosing the demand, the sum of Seven hundred & one dollars 25/100-this sum to be paid as follows.
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SELECTMEN'S MINUTES, 1810.
To John Leverett for - 7/45
109. 8
12 - Abigail Johnson - - 12/45
187 .--
33 - N & M Leonard -
33/45 -
54.54
33 -
Wm Leverett
33/45
54.54
33 -
Abigail Brush
33/45
54.54
2 42/45. - Benja Leverett
2 42/45
45.71
33 -
Thomas Leverett
33/45
54.54
35 42/45
$559.95
An order was drawn on the Treasurer for 514.24 in favour of John Leverett Oct. 29th.
& in favour B Leverett
for
45.71
There now remains due the proportion to the following persons .-
first award
2d Settlement
To Mary Cottle for 2 2/45
95. 57
-31.85
Elizabeth Welsh
2 2/45
-95. 57
-31.85
Assignees Wm Leverett
2 2/45
-95. 57
. 31.85
Children of John Leverett 2 42/45
137. 13
. 45.71
9 3/45 8423. 84
$141.26
Settled for as above-
35 42/45
423.84
45 Shares
$565.10.
Deeds have been received from John & Benj Leverett for the proportions which they represent .-
[508.] Therefore it is now Voted, that the Town Treasurer give his promissory note in behalf of the Inhabitants of the Town of Boston to John Leverett for the amount drawn for in his favour in August last & at this date-and to Benjamin Leverett for the amount drawn for in his favour at the same dates-all which sums to be paid on the thirtieth day of May next, with- out Interest .-
Boston ss. At a Meeting of the Selectmen October 31st. 1810. Present Mes-" : Bulfinch, Porter, Oliver, Hunnewell Webb & Weld .- 12 Jurors drawn-Sheriffs Jury
Wheras in August last past the sum of Fifteen hundred forty two dollars & Too 15 was allowed to John Leverett of Windsor Vermont & the sum of one hundred thirty seven dollars 13% to Benjamin Leverett of Boston; and on the twenty ninth Instant the further sum of Five hundred & fourteen dollars 24, was allowed to the said John Leverett and the further sum of Forty
456
CITY DOCUMENT No. 93.
five dollars Tu was allowed to the said Benjamin Leverett; Voted that the Town Treasurer give his promissory note in the behalf of the Inhabitants of said Town to the said John for the amount allowed to him aforesaid, & to the said Benjamin for the Amount [509.] allowed to him as aforesaid, to be paid on the Thirtieth day of May next without Interest. -
The above is a copy of the order to the Town Treasurer which accompanied the draft on him.
Passed the remainder of the Accounts
Boston ss. At a Meeting of the Selectmen November 7th. 1810 Present Messrs : Bulfinch, Porter, Oliver, Hunnewell, May, Wright, & Weld .-
Return was made by Mr William Hynes of the expence of repairing the drain in Cambridge Street, commonly Maekays drain, the account whereof being duly examined by the Seleetmen was by them allowed; they being informed at the same time, that all persons concerned in said drain, had been notified according to Law, & that no objection had been made : Assessment was now made, an Order of payment was passed by the Selectmen as follow viz. Whereas a Drain or common sewer has been laid in Cambridge Street eonformably to the directions of the Seleetmen, the whole expence whereof amounts to forty eight Dollars 82 Cents which expence is to be borne by such persons whose drains enter therein [510.] and receive benefit thereby : Wherefore We the subscribers Selectmen of the said Town of Boston Certify that having considered the same expence & by whom & in what manner it ought to be paid Do Aajudge that the same be paid in the proportion following & by the persons hereafter named viz.
Widow Eleanor Davis
2.44
Joseph Blake
4.88
Jona L & B. Austin
- 9.76
Widow Jane Clark
2.44
Loring Jacobs
2.44
Sylvanus Gray
2.44
Benja. Brigham
2.44
Benja. Hurd
2.44
Caswell Beal
2.44
John Harris
2.44
John Mackay
2.44
Sam1. W. Hunt
2.44
Mungo Mackay
4.90
C Wright -
2.44
Nehemiah Parsons
2.44
$48.82
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457
SELECTMEN'S MINUTES, 1810.
And we hereby Authorize & empower Mr. William Hynes to demand & receive the above sums from the persons above named, & to give discharges therefor. (signed) Chs. Bulfinch, W Porter, E. Oliver J Hunnewell J May F Wright B. Weld-
[511.] Mr. Clark Emmes applied to inquire the reason that his bill for making engine hose had not been allowed the full amount of his charge-and stated the superior advantages of the hose made by bim .- A Communication was also read from Mr Fenno on this subject-and it appearing to the board that a regular mode ought to be adopted for purchasing this article ; the papers were handed to M'. Hunnewell, to lay before the firewards at their next meeting : that they might agree upon measures with this board in future .-
Mr. Oliver. M' Wright & MT. Hunnewell a Committee to deter- mine how much land was necessary to be taken to widen Essex Street opposite to the Estate of Daniel Sargent Esq. and to make an agreement with the proprietor for the same, on the best terms which could be obtained .-
[512.] Boston ss. At a Meeting of the Selectmen Novem- ber 15th 1810. Present Mess: Bulfinch, Porter, Oliver, Hunne- well. May. Wright, Foster, Webb & Weld .-
Jurors were drawn to serve as Grand & Travers Jurors at the Supreme Judicial Court the ensuing term .-
M' Hancock having employed a number of Persons in digging and carting away their land on Beacon Hill-the Chairman, MI Hunnewell, & MIT. Weld were appointed to have the Towns right on the hill staked out, & to forbid encroachment thereon .-
A special application was received, in favour of M' Stephen Brown recommending him for a licence as an Auctioneer-the same was considered, and it was agreed to licence M' Brown for the Current Year .-
It was also agreed to grant an Auction licence to Mr. Barker, of the firm of Barker & Bridge-to transact business as one of that Company & in Consequence of the weak state of health of Mr. Bridge .-
[513.] Boston ss. At a Meeting of the Selectmen Novr. 21.1810. Present MessTs : Bulfinch, Porter, Oliver, Hunnewell, May, Wright. & Weld .-
M'. Wright was requested to procure a quantity of musket balls, in addition to what is at present in the Town armoury, to
458
CITY DOCUMENT No. 93.
complete the quantity required by Law, in consequence of the increased number of men on the muster rolls of the Militia .-
Several Gentlemen residing on & in the neighbourhood of Snowhill street, appeared to state the almost impassable situation of that Street, in consequence of the great use made of it in cart- ing gravel from Copp's hill the present season-
M' Hunnewell & Mr. May were appointed a Committee to view the same and order the necessary repairs immediately .-
A letter received from H. G. Otis Esq dated Oct. 16th having been read at the last Meeting, was now considered and acted upon .- In this letter Mr. Otis informs the board that he is a proprietor of a Lot of land at the corner of Atkinson & Purchase streets, late the property of Gen Henry Jackson, from which lot two strips [514.] of land to widen those Streets after the fire in 1794, and for which no compensation has been made to the former or present proprietor .- Upon referring to the records of that time, it appears that those streets were widened, according to the then existing Laws by the Selectmen & Justices of the County of Suffolk; and a particular statement appears of the quantity of Land taken for that purpose on a plan by Osgood Carleton drawn at the same period .- The following resolution was now adopted, & voted to be communicated to M' Otis .-
Upon examination the Selectmen find, that in 1794, in order to widen Atkinson Street, High Street & Purchase Street, after a very extensive devastation by fire, portions of land were taken from most of the individuals abutting on these streets & which are deseribed in the plan drawn at that time by Osgood Carleton .- The board do not find that any demand for compensation has ever been made by any person whose land was taken for this purpose, and they presume the straightening & widening of the streets were considered so great an improvement to all the property abutting on them, as to satisfy [515.] the proprietors for the loss of the small portions of their land added to the Streets
The board are further of Opinion, that after a lapse of sixteen years, without any demand being made, it is not in their power to act upon the subject ; but that the claim should it be persisted in be laid before the Town at a regular Town meeting .-
Boston ss. At a Meeting of the Selectmen Novr. 26 1810. Present Mess's Bulfinch, Porter, May, Wright, Foster & Weld .-
Passed upon Accounts .-
Boston ss. At a Meeting of the Selectmen Decem". 5th. 1810. Present Mess's : Bulfinch, Porter, Oliver, Hunncwell, May, Wright, Webb & Weld .-
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SELECTMEN'S MINUTES, 1810.
Passed a number of Accounts to close the Monthly draft .-
An application from Johnson a black man was received, praying to be licensed as a Chimney sweeper, with recommendations front a number of the Inhabitants.
A Communication on this subject [516.] was also received from M' Vinton the present superintendent of chimnies.
Mess'S : Porter, Hunnewell & May were appointed a Committee to receive these papers. & to report what was advisable to be adopted for the safety of the Town and convenience of the Inhabitants .-
The Chairman. Mr Wright & M' Weld, a Committee to agree upon referees with Mr. Patterson. for estimating the damage done to his estate in Back Street, for a small part thereof taken to widen the Street .-
The Committee chosen to attend to the widening of part of Essex Street-made the following report, which was read & accepted. -
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