1884-03-03Commonwealth of Massachusetts
Essex, ss. To either of the constables of the town of Beverly, in said county. Greeting.
You are hereby directed to notify and warn, in the manner prescribed by the regulations of
the town, the qualified voters of said town to meet at the Town Hall, in said Beverly, on Monday the
third day of March next, at thirty minutes past eight o'clock before noon, for the following purposes,
viz.;
1st. To choose a Moderator and Town Clerk.
2d. To act on the reports of the several Boards of Town Officers.
3d. To choose Town Officers for the ensuing year, determining their number and fixing the
compensation thereof.
The votes for those of the above officers usually chosen by ballot will be received on one piece of
paper, unless, the meeting otherwise determine.
To vote by ballot upon the question of accepting chapter one hundred and fifty-four of the acts of
the year eighteen hundred and eighty two, entitled, "An Act authorizing Towns and Cities to lay out
Public Parks within their limits," - as per petition of Francis Norwood and others.
Also to see if the town will choose or appoint a Road Commissioner for the year ensuing, - as per
petition of A. Whitcomb and others.
Also to give in their votes by ballot upon the question of granting licenses for the sale of
intoxicating liquors. Every person, qualified to vote for Senator and Representatives in the General
Court, may express his opinion upon said question, and the form of said ballot shall be as follows:
"Shall licenses be granted for the sale of intoxicating liquors in this town?" "Yes," or "No." The
polls, will be closed at two o'clock in the afternoon, unless otherwise ordered by the meeting.
4th. To see if the town will grant the sum of two hundred dollars to defray the expenses of Memorial
Day under the direction of Post No. 89, G. A. R.
5th. To see if the town will establish and maintain street lights on Hale Street from Dane Street to
Beverly Farms, and in such streets at the Farms as the Selectmen may deem necessary, - as per
petition of Alvin Williams and others.
6th. To see if the town will establish and maintain street lights along Hale Street at the Cove, - as per
petition of Henry W. Peabody and others.
7th. To see if the town will establish and maintain a street light on Pleasant street near Phillips'
Court,- as per petition of Perry Collier and others.
8th. To see if the town will establish and maintain a street light on the corner of Thorndike and
Lovett Streets, - as per petition of Elbridge Fiske and others.
9th. To see if the town will establish and maintain street lights at the following places, viz.: At the
junction of Cabot and Rantoul Streets, on Cabot Street near the corner of Myrtle Street, at the corner
of Cabot and Summer Streets, on Cabot Street near the residence of Shadrach Fiske, - as per petition
of Joseph H. Baker and others.
10th. To see if the town will pay the expense of raising the house of John W. Bell, on Dane Street.
11th. To see if the town will reset the edge stones on Thorndike Street adjoining the Town Hall, and
brick the sidewalk around the Town Hall, on Cabot and Thorndike Streets; also to see if the town
will place crossing stones across the entrance to the engine house on Thorndike Street in rear of the
Town Hall; also to see if the town will establish and maintain a street light in front of the
Universalist Church, - as per petition of C. W. Studley and others.
12th. To see if the town, will extend the water pipe through Atlantic Avenue from Hale Street to
Lovett Street,- as per petition of Charles Creesy and others.
13th. To see if the town will extend the water pipe to the premises of Ansel J. Cheney, on Prospect
Street,- as per petition of Ansel J. Cheney and others.
14th. To see what action the town will take toward placing two or more night watchmen, upon the
main streets, - as per petition of John L. Morse and others.
15th. To see if the town will cause the Town Hall or Police Station to be connected with the
telephone, said telephone to be used for public business; also to see if the town will have a telephone
circuit put in, which will connect the Police Station, Beverly Farms, North Beverly and the
manufacturing district, said circuit to be used for fire or police alarm, - as per petition of A. C. Lunt
and others.
16th. To see if the town will authorize the sale at auction of the following lots of land, viz.: The lot
of land on Bartlett Street and May Street and between the Howard estate and the Kennison estate, -
as per petition of B. S. Lunt and others; also the lot of land at "Cat's Swamp" so called, which the
town acquired by an execution against Ebenezer Thissell, recorded with Essex, South District
Deeds, Book No. 12, leaf 218, - as per petition of Isaac Appleton and others. Also to see if the town
will sell or lease a part or the whole of its lot of land at the junction of Hale and West Streets
commonly known as the Farms Hose House lot.
17th. To see what action the town will take in regard to purchasing horses to be used for town
purposes when not needed by the Fire Department, and to appropriate such sums of money as may
be needed to meet the expense of same, - as per petition of L. K. Goodhue and others.
18th. To see if the town will enlarge the Hook and Ladder House on Bow Street,- as per petition of
Josiah Woodbury and others.
19th. To see what action the town will take in relation to remodelling and improving the stage and
ante rooms in the Town Hall, - as per petition of J. F. Appleton and others.
20th. To see what action the town will take to better protect our community from indecent and
immoral public performances and exhibitions,- as per petition of E. P. Sargent and others.
21st. To see what action the town will take to protect its rights in town ways and beaches within the
limits of the town,- as per petition of Andrew E. Story and others.
22d. To see what disposition the town will make of the dog tax.
23d. To adopt such measures, grant such sums of money, and take such action in regard to schools
and school houses throughout the town as may be deemed expedient; also to see if the town will
unite with two or more towns in Essex County to require of the County Commissioners of said
county to establish a truant school under section fourteen of Chapter forty eight of the Public
Statutes, and to make suitable provisions for the government and maintenance thereof, and to do all
things necessary to carry out the purposes set forth in said section or said chapter relating to such a
school.
24th. To see if the town will authorize anyone to represent the town in any suits or claims against
the town for damages.
25th. To see if the town will approve and allow of the altering and widening the town way known
as Park Street, near its junction with Federal Street, - according to a report of the Selectmen now on
file in the office of the Town Clerk.
26th. To adopt such measures, grant such sums of money, and make such regulations in regard to
repairs, and building and improvement of highways and town ways, throughout the town, as may be
determined upon.
27th. To grant such sums of money to be raised and assessed upon the polls and estates within the
town, for the expenses of the current year, as may be deemed expedient, and make all necessary
regulations and allowances respecting the same. Also to authorize the Town Treasurer to borrow,
on the credit of the town, such sums of money as may be necessary from time to time, to meet the
liabilities of the town, and to provide State Aid for families of volunteers.
28th. To see if the town will accept the Jury List, as revised by the Selectmen.
Hereof, fail not, but make due return of the warrant, with your doings thereon, before the time
of holding said meeting.
Given under our hands and seal this twenty second day of February in the year one thousand
eight hundred and eighty four.
John I. Baker
Henry W. Foster Selectmen
Nathan H. Foster of
Freeborn W. Cressy Beverly
Isaac Ober
Essex, ss.: Beverly, February 25, A.D. 1884.
Pursuant to the foregoing warrant I have notified the persons therein named, as therein
directed, by posting notifications stating the time, place and objects, of said meeting at each of the
several places in town required by the Town Regulations.
Gardner Haskell, Constable.
A true copy of the original warrant and the return thereon.
Attest. Wm. H. Lovett, Town Clerk
At a legal meeting of the qualified voters of the town of Beverly held, in pursuance of the
warrant recorded on the five next preceding pages, at the Town Hall in said town on Monday the
third day of March in the year one thousand eight hundred and eighty four at thirty minutes past eight
o'clock before noon and by adjournment on Tuesday the fourth day of said month at thirty minutes
past eight o 'clock before noon, the Meeting having been called to order at the time appointed by the
Clerk, who read the warrant therefor.
Messrs. John I. Baker, Freeborn W. Cressy, Henry W. Foster, Nathan H. Foster and Isaac
Ober were appointed tellers by the Town Clerk to aid him in checking the names of voters and in
assorting and counting votes, and they were sworn to the faithful discharge of their duties by the
Town Clerk.
It was
Voted, by ballot, that Freeborn W. Cressy be Moderator.
Prayer was then offered by Rev. John Capen of the Methodist Church.
Messrs. John I. Baker, Nathan H. Foster, Henry W. Foster and Isaac Ober were appointed
tellers by the Moderator to aid him in checking the names of voters and in assorting and counting
votes, and they were sworn to the faithful discharge of their duties by the Town Clerk.
Voted, by ballot, that William H. Lovett be Town Clerk..
(He received five hundred and sixty seven votes therefor. Frederick A. Wallis
received thirty two votes and Fred A. Wallis one vote for the same office)
Then in open Town Meeting, immediately after the election of Town Clerk, William H.
Lovett, above-named was sworn to the faithful discharge of his duties as Town Clerk of Beverly.
Before me, Freeborn W. Cressy. Moderator.
Upon Article 2. Reports of Town Officers.
Upon motion of Robert R. Endicott it was
Voted that this Article be laid on the table.
Upon Article 3. Election of Town Officers.
Upon motion of Israel Lefavour it was
Voted that the polls be closed at five o'clock this afternoon.
A motion by Austin Whitcomb that the Board of Assessors consist of five
persons was lost.
Two hundred and twelve (212) voting in favor, two hundred and forty (240) against the
motion.
A motion by Jeremiah Murphy that the Board of Overseers of the Poor, consist
of five persons was lost.
James Maguire and William M. Woodbury were appointed by the Moderator to aid him in
the care of the ballot boxes and they were duly sworn to the faithful discharge of their duties by the
Town Clerk.
The meeting then proceeded to vote for Town Officers. The polls were
closed at five o'clock P.M. and the ballots received were assorted and counted and the Moderator
declared the following persons elected by ballot to the several offices named.
Selectmen. Freeborn W. Cressy, Isaac Ober, Henry W. Foster, John I. Baker, Nathan H.
Foster.
Assessors. John B. Hill, Daniel Foster, Charles L. Williams.
Collector of Taxes. Ezekiel F. Obear.
Town Treasurer. Robert G. Bennett.
Overseers of the Poor. John W. Quiner, Isaac Appleton, Joseph H. Herrick.
Chief of Police. Gardner Haskell
School Committee for Three Years. Joseph D. Tuck, Eben H. Moulton, William W. Hinkley.
School Committee for One Year. Samuel Cole.
Commissioner of the Sinking Fund for Three Years. Thomas A. Lefavour.
Trustee of the Public Library for Five Years. William H. Davis.
Constables. William M. Woodbury, John G. Munsey, George T. Larcom, William Stevens,
Benjamin F. Hertick, George E. Cole, Gardner Haskell, Ezekiel F. Obear, Ansel J. Cheney.
Upon the question "Shall Licenses be granted for the sale of Intoxicating Liquors in
this town?"
"Yes" five hundred and fifty six (556) votes
"No" five hundred and fourteen (514) votes
Upon the question "Shall an Act passed by the Legislature of the Commonwealth in
the year eighteen hundred and eighty two, entitled 'An Act authorizing Towns and Cities to lay out
Public Parks within their limits,' be accepted?"
"Yes" seven hundred and twenty three (723) votes
"No" twenty one (21) votes.
After the declaration of the result of the ballot it was
Voted that when this Meeting adjourns, that it adjourns to meet at this Hall, this Tuesday
morning at half past eight o'clock.
Voted to now adjourn and the Moderator declared the Meeting adjourned.
(Time 2:00 o'clock Tuesday A.M.)
On Tuesday March 4 at half past eight o'clock A.M. the voters again assembled, according
to adjournment, and were called to order by the Moderator and proceeded with the business of the
Meeting.
A motion by Andrew E. Story that one Surveyor of Highways be chosen, with
authority for him to appoint deputies was lost.
A motion by William M. Friend that the Moderator appoint a Committee of three
from each highway ward, to call a meeting of the voters of each ward, to meet separately, to
nominate a Surveyor of such ward, to be reported to this meeting, was lost.
Upon motion of John I. Baker, amended by Chas. H. Odell, it was
Voted that the Moderator appoint a committee of three from each highway ward to call
together the voters of such ward to nominate a person to serve as Surveyor of Highways for said
ward the current year, the name of the person so nominated to be presented at the adjournment of
this meeting in April and that this committee be instructed to notify all the voters in such ward of
the time and place of meeting. This committee, which was appointed later in the meeting, is
as follows, viz;
For Ward 1, Wm. M. Hinkley, Wm. G. Woodbury, West D. Eldredge.
For Ward 2, Horace P. Woodbury, John F. Standley, Calvin Wallis
For Ward 3, Jonathan F. Ober, Thomas L. Pierce, Stephen Eldredge
For Ward 4, Nathaniel P. Allen, Edward H. Ober, Ezra P. Williams
For Ward 5, Charles H. Patch, Ephraim Hathaway, Stephen P. Elliott
For Ward 6, Andrew Dodge, Ezra S. Foster, Richard Dodge
For Ward 7, Abraham B. Lord, Samuel D. Wallace, David Standley
For Ward 8, Hugh Hill, Robert N. Lee, Eben H. Moulton
For Ward 9, Jonathan Dodge, Moses E. Wilson, John G. Brown
For Ward 10, Charles W. Lord, Alna K. Dodge, Oliver Edwards
For Ward 11, George Clark, Joseph Cressy, Benjamin V. Giles
For Ward 12, Benjamin D. Grant, Charles T. Lovett, Joseph Caswell
For Ward 13, Samuel Cole, Stephen D. White, Henry W. Foster
For Ward 14, Charles H. Odell, Isaac Appleton, Peter E. Clark
A motion by Andrew Dodge that an assistant assessor be chosen from each school
district where there is not now an Assessor, was lost.
Upon motion of John I. Baker it was
Voted that the election of the remaining town officers be postponed until this (Tuesday)
afternoon.
Upon Article 4. Appropriation for Memorial Day.
Upon motion of Wm. A. Friend it was
Voted that the sum of two hundred dollars be appropriated and assessed for the expenses of
Memorial Day in decorating the soldiers graves to be expended under the direction of Post No. 89,
G.A.R.
Upon Article 5. Street lights from Dane Street to Beverly Farms.
Upon motion of Nathaniel P. Allen it was
Voted that the prayer of the petitioners be granted.
Upon Article 6. Street Lights, Hale Street at Cove.
The subject of this article being included in the vote upon article five, upon
motion of John I. Baker it was
Voted that action upon this Article be indefinitely postponed.
Upon Article 7. Street Light, Pleasant Street
Upon motion of John I. Baker it was
Voted that the prayer of the petitioners be granted.
Upon Article 8. Street Light, Thorndike Street
Upon motion of John I. Baker it was
Voted that the prayer of the petitioners be granted.
Upon Article 9. Street Lights, Cabot Street.
Upon motion of John I. Baker it was
Voted that the prayer of the petitioners be granted.
Upon Article 10. Raising John W. Bell's house.
A motion by Charles A. Odell that this Article be referred to the Selectmen
for them to report thereon at the adjournment of this meeting in April as to the condition of Mr.
Bell's property and also as to the condition of the neighboring estates was lost.
Upon motion of Jeremiah Murphy it was
Voted that action upon the Article be indefinitely postponed.
Upon Article 11. Pavements, etc., Town Hall
Upon motion of Cornelius W. Studley it was
Voted that the edge stones on Thorndike Street be re-set, and a brick pavement placed on the
sidewalk around the Town Hall, on Cabot Street and Thorndike Streets.
Upon motion of Cornelius W. Studley it was
Voted that crossing stones be placed across the entrance to the Steam Fire Engine Co 's house
on Thorndike Street.
Upon motion of Cornelius W. Studley it was
Voted that a street light be established and maintained on Thorndike Street near the
Universalist meetinghouse.
Upon Article 12. Water Pipe, Atlantic Ave.
Upon motion of Jeremiah Murphy it was
Voted that the prayer of the petitioners be granted.
Upon Article 13. Water Pipe, to Ansel J. Cheney' s
Upon motion of John H. Watson it was
Voted that the prayer of the petitioners be granted.
Upon Article 14. Night watchmen.
A motion of by Charles H. Odell that the prayer of the petitioners be granted
and that the number be limited to two persons was lost. It was
Voted that the Selectmen be instructed to employ at their discretion two or more Night
watchmen upon the main streets.
Upon Article 15. Telephones.
Upon motion of Perry Collier it was
Voted that the Town Hall or Police Station be connected with the telephone.
Upon motion of Cornelius W. Studley it was
Voted that the Police Station, Beverly Farms, North Beverly, and the manufacturing district
be connected by a telephone circuit used for fire and police alarm provided the expense shall not
exceed two hundred and fifty dollars.
Upon Article 16. Sale of Land.
Upon motion of Perry Collier it was
Voted that the town' s lot of land on Bartlett Street and May Street and between the Howard
Estate and the Kennison Estate be sold at auction.
Upon motion of John I. Baker it was
Voted that the town' s lot of land at "Cat's Swamp" which the town acquired by an execution
against Ebenezer Thissell, recorded with Essex, South District, Deeds, Book No. 12, Leaf 218, be
sold at public auction.
Upon the motion of John I. Baker it was
Voted that the Town Treasurer be authorized to give the necessary deeds of the above
mentioned lots whenever the same are sold.
Upon the question of selling or leasing a part or the whole of the lot of land
called the Farms Hose House lot, upon motion of Perry Collier it was
Voted that action thereon be indefinitely postponed.
Upon Article 17. Horses for Fire Department.
Upon motion of Levi K. Goodhue, amended by John H. Watson it was
Voted that this Article be referred to a committee consisting of two Selectmen, two Engineers
of the Fire Department, and two citizens, for them to investigate, and to consider the question of
locating the two steam fire engines, the horses necessary for the same and the Hook and Ladder car
in the same building and report thereon at the adjournment of this meeting in April.
Messrs. Levi K. Goodhue, John I. Baker, Henry W. Foster, Isaac Ober, Peter E. Clark and
John H. Watson were chosen as this committee.
Upon Article 18. Enlarging Hook and Ladder Co.'s House.
Upon motion of John I. Baker it was
Voted to refer this article to the committee chosen under Article 17.
Upon Article 19. Town Hall Stage.
Upon motion of Luther S. Herrick it was
Voted that this subject be referred to a committee consisting of the Selectmen and three
persons appointed by the Moderator for them to report thereon at the adjournment of this meeting
in April. Charles H. Odell, Austin Whitcomb, and Luther S. Herrick were appointed as this
committee.
Upon Article 20. Public Exhibitions.
Several motions to postpone action on this Article having been lost, upon
motion of Edwin F. Mitchell, it was
Voted "That the board of Selectmen be instructed not to allow the performance of any
traveling exhibition, or public show within the limits of the town, except under the patronage of
some local religious, or benevolent organization, without an examination into the character of the
performance, and requiring a license to be procured, which license shall pay into the treasury of the
Town, such amount as they may deem reasonable."
Upon motion of Wm. H. Hinkley it was
Voted that when this meeting adjourns that it adjourns to meet at this Hall this (Tuesday)
afternoon at thirty minutes past one o'clock.
It was
Voted to now adjourn.
At thirty minutes past one o'clock this (Tuesday) afternoon March 4, A. D., the voters again
assembled agreeably to the adjournment and proceeded with the business of the meeting.
The committee from each highway ward was then appointed, see page 347.
Upon motion of Jeremiah Murphy it was
Voted that the Selectmen be Board of Health.
The following officers were then chosen by hand vote.
Fence Viewers. George R. Sands, Francis S. Lovett, Calvin Haskell.
Surveyors of Lumber. John T. Ober, Daniel C. Smith, Robert Remmonds, Richard A.
Woodberry, Hooper A. Appleton.
Field Drivers.
Ward 1, Richard Cunningham
Ward 2, Addison E. Grush
Ward 3, Timothy W. Woodberry
Ward 4, Andrew Standley
Ward 5, Augustus Maxcy
Ward 6, Edward F. Danforth
Ward 7, George H. Edwards
Ward 8, Emerson G. Shaw
Ward 9, John G. Brown
Ward 10, Sumner E. Glines
Ward 11, Thomas Liffin
Ward 12, William G. Bisson
Ward 13, William H. Butman
Ward 14, Charles L. Moulton
Pound Keeper. Jesse Dame.
Sealers of Leather. Addison Davis, John W. Carter
Inspector of Lime. John S. Stewart
Clerk of the Market. William T. Rowe
It Was
Voted that the Selectmen be authorized to appoint three Measurers of Wood and Bark.
Upon Article 21. Town Ways and Beaches.
Upon motion of Andrew E. Story it was
Voted that a committee of three be appointed by the Moderator to investigate this subject and
report at the adjournment of this meeting in April. Andrew E. Story, Dennis W. Quill and Albert
Brower were appointed as this committee.
Upon Article 22. Dog Tax.
Upon motion of Henry E. Woodberry it was
Voted that all money received from the County Treasurer on account of dog licenses be
appropriated for the use of the Schools.
Upon Article 23. Schools.
Upon motion of Henry E. Woodberry it was
Voted that the School Committee be authorized and instructed to have music taught in the
public schools at an expense not exceeding eight hundred dollars.
A motion by Joseph F. Appleton "That the School Committee be instructed
to establish a class in the high and grammar schools whereby the male scholars in those schools shall
or can obtain a thorough and practical knowledge of parliamentary practice" was lost.
Upon motion of Wm. A. Hinkley it was
Voted that twenty thousand eight hundred (20,800) dollars be appropriated and assessed for
the support of the schools the present year.
Upon motion of Henry E. Woodberry it was
Voted "That the Selectmen and School Committee be authorized to cooperate with the town
of Peabody and any other towns for the purpose of establishing a school for truants in accordance
with the law provided in Chap. 48 Sec. 14 of the Public Statutes."
Upon Article 24. Suits for Damages.
Upon motion of William A. Friend it was
Voted that the Selectmen, if any suits occur at intervals between the annual meetings, be
hereby authorized to represent the Town in all such suits and claims against the Town for damages.
Upon Article 25. Widening Park Street.
A report of the Selectmen altering and widening the town way known as Park
Street near its junction with Federal Street was read and is as follows, viz.;
"Upon the petition of Frank Woodberry and others requesting the Selectmen
of Beverly to alter and widen the town way in said town known as Park Street near Federal Street,
so as to make a curved connection between said streets, the undersigned Selectmen of said town of
Beverly, having duly notified all parties interested have altered and widened said town way known
as Park Street as petitioned for, over land of Israel W. Dodge, contiguous to the Eastern Elevator and
Mill property, and have located and established the westerly and southwesterly line of said town way
known as Park Street, at that place, so that line shall extend from a point on the westerly side of said
Park Street, forty feet southerly from the corner of said Park Street and Federal Street and run thence
northerly, northwesterly, and westerly, by a line uniformly curving outwardly toward said street in
and over said Dodge's land, to a point on the southerly side of Federal Street, forty feet westerly
from the aforesaid corner of Park Street and Federal Street; laying all the land between said curved
line and the existing line of Park Street into said town way.
And we award to said Israel W. Dodge, or the owner of said land in his occupation, for
damages, the sum of three hundred and fifty dollars.
Witness our hands hereto this twenty second day of February in the year eighteen hundred
and eighty four.
John I. Baker
Freeborn W. Cressy Selectmen
Isaac Ober of
Nathan H. Foster Beverly
Voted that said report be accepted and the way be altered and widened according to said
report.
Upon Article 26. Highways.
Upon motion of Wm. A. Friend it was
Voted that twenty thousand dollars be appropriated and assessed for the expenses of the
Highway Department the present year.
A motion that the pay of the laborers on the highway be determined by the surveyors
of highways, for them to allow whatsoever each laborer is worth, provided that such sum shall not
exceed twenty cents per hour, was lost.
Upon motion of Jeremiah Horigan it was
Voted that the pay of laborers upon the highway be at the rate of twenty cents per hour.
Upon motion of William F. Davis it was
Voted that the pay for each horse and cart employed upon the highway be at the rate of
twenty cents per hour.
A motion by Jeremiah Murphy that every taxpayer have the privilege of working out
upon the highway a portion of his tax, was lost.
Upon motion of William A. Friend it was
Voted that when this Meeting adjourns that it adjourns to meet at this Hall the first Monday
in April next at seven o'clock P.M.
Upon motion of Joseph G. Soper it was
Voted that Camp John Low, No. 6, Sons of Veterans have the use of the Town Hall for their
coming fair, free of charge.
Upon Article 27. Money Grant
Upon motion of John H. Watson it was
Voted that the Town Treasurer be hereby authorized to borrow on the credit of the Town
notes, bonds, or certificates of debt, approved by the Selectmen, such sums of money from time to
time, as may be necessary or expedient to meet the liabilities of the town or to replace existing loans,
and to provide State Aid for the families of Volunteers.
Upon motion of John H. Watson it was
Voted that further consideration of this Article be postponed until the adjournment of this
meeting in April.
Upon Article 28. Jury List.
The list of Jurors as revised by the Selectmen was read and was amended by
striking out the names of Samuel A. Berry, John F. Trow and William E. Norwood and inserting the
names of Otis P. Gorten, Gilbert P. Weston and Joseph F. Appleton and as thus amended was
accepted and is as follows, viz.;
Joseph F. Appleton
Thomas Appleton
Joseph H. Baker
John Bell
William J. Berry
Otis Burnham
Peter E. Clark
Perry Collier
Stephen O. Cree
Freeborn W. Cressy
Daniel E. Cross
Andrew J. Crowell
John E. Davis
Eben Day
Isaac F. Day
Jabez K. Davenport
Benjamin N. Dodge
Charles F. Dodge
Jonathan Dodge
John E. Foster
John W. Foster
William A. Friend
Augustus A. Galloupe
Benjamin V. Giles
Otis P. Gorten
Robert H. Grant
Dudley N. Griffin
Josiah A. Haskell
Philip S. Haskell
William Haskell
Moses S. Herrick
Hugh Hill
John B. Hill
Oliver C. Hinchcliffe
Charles Holden
Samuel A. Holden
Adoniram J. Hood
Prince Howes
Benjamin W. Eldredge
Daniel S. Ingersoll
West D. Eldredge
Hervey Elliott
Robert R. Endicott
Jonathan S. Eveleth
John K. Fiedler
Elbridge Fiske
Ezra S. Foster
Henry W. Foster
Isaacher Foster, Jr.
Jesse W. Foster
James H. Kendall
Daniel A. Kilham
Joel Kimball
Benjamin Larcom, Jr.
Asa F. Lee
Israel F. Lee
Israel E. Lovett
Albert C. Lunt
James Maguire
Asa O. Marshall
Charles W. Marshall
Moses Marshall
George Millet
Edwin F. Mitchell
Hiram W. Moore
John E. Morgan
Thomas A. Morgan
Alfred G. Munsey
Comelius Murphy
Jeremiah Murphy
George O. Obear
Andrew K. Ober
John T. Ober
Samuel F. Ober
William Odell
George Osborne
George A. Pickett
John W. Pickett
William K. Pieme
Frank W. Plaisted
Winthrop T. Porter
Henry B. Pousland
Benjamin Preston, Jr.
Isaac Ray
Stephen W. Roberts
Dewing Southwick
Samuel E. Smith
Charles A. Standley
Benjamin W. Standley
David Standley
John F. Standley
Samuel D. Standley
George W. Stickney
Larkin W. Story
Joseph W. Stocker
George Swan
Charles H. Symonds
David Thissell
George H. Thissell
Francis Thissell
Calvin Wallis
Henry B. Wallis
John H. Watson
Alden Webb
Gilbert P. Weston
Austin Whitcomb
Michael Whitehouse
George H. Whitney
Augustus Williams
John Wilson
John Wood, Jr.
Alfred R. Woodbury
George A. Woodbury
George A. Woodbury 2d
Horace P. Woodbury
Horace W. Woodbury
John K. Woodbury
Joseph A. Woodbury
Voted that this meeting now adjourn.
It was
A true record. Attest.
Wm. H. Lovett, Town Clerk
(4:05 P.M.)
At a legal meeting of the qualified voters of the town of Beverly held at the Town Hall in said
Beverly on Monday the seventh day of April in the year One thousand eight hundred and eighty four
at seven o 'clock in the afternoon, the same being an adjournment of the Annual Town Meeting held
on the third and fourth days of March in the same year.
Voted, by hand vote, that the following named persons be Field Drivers in place of others
elected who declined to serve.
For Ward 1, George Swan in place of Richard Cunningham
For Ward 8, Hugh Hill in place of Emerson G. Shaw
For Ward 9, Moses E. Wilson in place of John G. Brown
For Ward 11, George Clark in place of Thomas Liffin
For Ward 12, Ezra Standley in place of Wm. G. Bisson
For Ward 13, Nehemiah S. Heron in place of Charles L. Moulton
It was
Voted, by hand vote, that Charles C. Foster be Pound Keeper in place of Jesse Dame who
was elected and declined to serve.
The several committees appointed by the Moderator to call together the voters of each
highway ward to nominate a person to serve as Surveyor of Highways for such ward (see page 347)
reported and it was
Voted, by hand vote, that the following persons be Surveyors of Highways of the respective
wards
the present year.
Ward 1, West D. Eldredge
Ward 2, Charles F. Preston
Ward 3, Charles H. Trowt
Ward 4, Rufus A. Standley
Ward 5, Justin M. Edwards
Ward 6, Ezra S. Foster
Ward 7, George H. Edwards
Ward 8, John G. Munsey
Ward 9, John G. Brown
Ward 10, Alna H. Dodge
Ward 11, George H. Cressy
Ward 12, John W. Lovett
Ward 13, George W. Taylor
Ward 14, John F. Burnham
Upon Article 17. Horses for Fire Department.
The Committee, to whom this subject was referred reported as follows, viz.;
The Committee to whom was referred the Article relative to purchasing horses for
the Fire Department recommend the buying of two pair of horses for that purpose, which will
probably cost with suitable harness and fixtures about fifteen hundred dollars. This includes nothing
for the keeping and care of the horses as it is believed that under proper arrangements with the
highway, health and other departments they may be made self supporting in what they could do for
the several departments. Under the report of the Engineers relating to better facilities or drying
and care of hose, we are of the opinion that a hose tower is of great necessity, and if horses are
provided it will no doubt be found desirable before long to bring both steamers together and the
Hook and Ladder truck with them (the question of their house being referred to us) and to erect a
building therefor on some central site where a hose tower of ample capacity could be built and that
great need provided for. And in order to consider this latter matter properly and lawfully it may be
well to call a special town meeting early in May for that purpose.
L. G. Goodhue, Chairman
It was
Voted that this report be accepted.
Upon motion of Andrew E. Story it was
Voted that the recommendation of the Committee in regard to the purchasing of two pairs
of horses with suitable harnesses and fixtures be adopted.
Later in the meeting upon motion of Wm. F. Davis it was
Voted that the committee chosen under this Article be authorized to buy the horses, harnesses
and fixtures in accordance with the foregoing vote.
Upon motion of Andrew E. Story it was
Voted that the recommendation of the Committee relating to the calling a town meeting in
May to consider the question of building a hose tower and erecting a building in which to keep both
steam fire engines, the hook and ladder truck and the horses, be adopted.
Upon Article 19. Town Hall Stage.
The committee to whom this subject was referred presented a plan and a
verbal report stating that the platform might be widened by moving outward the partitions and
stairways on each side thereof, and a small ante-room could be built over the landing of the rear
stairway on each side of the platform and connected therewith.
Upon motion of Charles H. Odell it was
Voted that action on this article be indefinitely postponed.
A motion by Perry Collier that the Selectmen be authorized to confer with any
committee of persons who wish to make alterations in the Town Hall at private expense was lost.
Upon Article 21. Town Ways and Beaches.
The Committee to whom this Article was referred presented a printed report.
It was
Voted that the reading of this report be dispensed with.
It was
Voted that the report be accepted.
A motion by Charles H. Odell to refer this report to the Selectmen with
instructions to carry out the recommendations therein as far as practicable, and the Selectmen be
instructed to alter and widen the lines of the ways therein named as far as practicable and enforce
the rights of the town in all ways leading to the beaches, was lost.
It was
Voted to adopt the recommendations of the Committee as included in their report.
Upon motion of Oliver C. Hinchcliffe it was
Voted that the thanks of this meeting be extended to this Committee for presenting so good
a report.
It was
Voted that Article 2 be taken from the table and the reports of the Overseers of the Poor,
Trustees of the Public Library, Commissioners of the Sinking Fund, Committee on Town History
were read and together with the printed reports of the Auditor, Engineers of the Fire Department,
School Committee, Selectmen in which was included the report of the Board of Health were each
severally presented to the meeting and all were accepted.
Upon motion of Austin Whitcomb it was
Voted that the Selectmen be instructed to charge all persons who habitually water their horses
or cattle at the public drinking fountains the same rate that all takers of the Wenham Lake water are
charged for the use of water for similar purposes when taken from their own premises.
Upon motion of Daniel Foster it was
Voted that the selectmen be requested to insert an article in the warrant for the meeting to be
held in May next, in regard to the question of the water supply of the town after the expiration of the
present contract with the city of Salem on the thirty first day of December next.
Upon Article 27. Money grant.
It was
Voted to add one thousand dollars to the appropriation for the support of the public schools,
to provide for free school books and school supplies in accordance with the law recently passed by
the Legislature.
A motion that eighteen hundred dollars be appropriated to be expended for a new
barn at the Town Farm was indefinitely postponed.
A motion by John I. Baker that the sum of one hundred and twenty seven thousand
three hundred and fifty dollars be raised and assessed upon the polls and estates within the town the
present year to provide for the payment of the current expenses of the town, as estimated by the
Selectmen and for the payment of the additional sums severally voted at this meeting to be
appropriated and assessed was lost, as were also several other motions that the sums of one hundred
and twenty five thousand dollars, one hundred and twenty three thousand dollars, one hundred and
twenty thousand dollars respectively, be raised and assessed for the current expenses as aforesaid.
Upon motion of Daniel Foster it was
Voted that the sum of one hundred and eighteen thousand dollars be raised and assessed
upon the polls and estates within the town the present year to provide for the payment of the current
expenses of the town, as estimated by the selectmen and for the payment of the additional sums
severally voted at this meeting to be appropriated and assessed; which estimates and additional
amounts are as follows, viz.;
School Department
Overseers Department
Fire Department
Health Department
Highways
Bass River Bridge
$20,000.00
7000.00
2000.00
4200.00
1200.00
20,000.00
Essex Bridge
Interest
Town Officers
Street Lights
Public Library
Town Hall
Police Station
Night Police
Military Aid
Sinking Fund
Water Department
History of the Town
Balance of George H. Norman's water pipe contract
Outstanding Orders
Incidentals
Appropriations in excess of estimates
Memorial Day
Street lights
Edge stones, Crossing stones and Pavement, Town Hall
Water pipe, Atlantic Avenue
Water pipe, to Ansel J. Cheney's
Night watchmen
Telephones
Telephone Circuit
Music in Schools
Widening part of Park Street
Horses, Fire Department
School Books and Supplies
Expected income.
Water Rates
Corporation and Bank Taxes
State Aid, (Indigent Soldiers and Sailors)
Cash in Treasury
Amount to the provide for by taxation
$18000.00
15000.00
900.00
1607.86
35507.86
$127350.00
200.00
1200.00
5200.00
1800.00
1000.00
700.00
150.00
1100.00
1200.00
10,000.00
16,000.00
1000.00
7491.22
1045.35
1021.29
200.00
1900.00
400.00
500.00
50.00
2200.00
150.00
250.00
800.00
400.00
1500.00
1000.00
162857.86
Upon motion of Daniel Foster it was
Voted that all balances of appropriations which are on expended at the end of this year
remain in the town treasury.
Upon motion of John I. Baker it was
Voted that the Collector of Taxes deliver or cause to be delivered at the last and usual place
of abode of each inhabitant of the town who maybe taxed, or to such inhabitant in person, as soon
as practicable after the taxes have been assessed, a list of the taxes assessed upon such person,
accompanying which list shall be a notice of the time and place where the Collector will be present
to receive the taxes, and also a notice of the meetings of the Assessors to determine upon
abatements; that the Collector shall make a personal demand upon each inhabitant of the town who
may be taxed, after the tax bills have been presented and before the time of charging interest shall
commence; and interest at the rate of seven percent per annum shall be charged upon all taxes not
paid water before the first day of November next which interest shall be added to and considered a
part of said taxes, and that so far as practicable the Collector shall on the first day of January next
put in suit all taxes, then due and unpaid, commencing with the highest and so on to the lowest tax.
It was
Voted that the pay of the Collector of Taxes the five eighths of one percent of the amount
collected and paid to the Town Treasurer.
It was
Voted that the selectmen be requested to call in the evening the meeting voted at this meeting
to be held in May next.
It was
Voted that this meeting be dissolved. And it was so declared by the Moderator.
(11.25 p.m.)
A true record. Wm. H. Lovett
Attest. Town Clerk
REPORT
OF THE
TOWN COMMITTEE ON BEACHES
Your Committee appointed at a Town Meeting held on third day of March, 1884, "To see
what the Town will do to protect its rights in town ways and beaches within the limits of the town,"
respectfully submit the following report.
TOWN LANDINGS.
In examining the Town Records we find that in 1774 a committee was appointed to "Make
inquiry into the Town's interest in the flats, grounds and landings in said Town." That committee
reported as follows:
"l st. That there is a Town Landing at Brackenburys, so called, laid out on the 14th day of the 9th
month, 1682. On Book 2, Town Records, Page 242
2d. That there is a Town Landing at Tuck's Point See Book 3, Town Records, Page 314.
3d. That there is a Town Landing at Jonathan Woodbury's Cove, so called. See Book 3, Town
Record, Page 31.
4th. That there is a Town Landing at Draper's Point, so called, as appears to be resettled in the 122nd
page of the 4th Book of Records.
6th. That there is a landing at the Ferry Place. The easterly boundary's are near the easterly part of
Richard Ellis's Garden as by a return of a Jury appointed by the Court of General Sessions of the
Peace, to lay out a highway leading to the Ferry, accepted by said Court, Jan. 5, 1698-9."
In book 8, page 57 of the BeverlyTownRecords, we find that on petition of Samuel Lovett,
for permission to build a wharf on the town Landing at Woodbury's Cove, so called, a committee
was appointed to make inquiries respecting the town's interest at said cove. By this report it appears
that in the year 1734 the town accepted a way allowed by the selectmen, from Elisha Woodbury's
house down to the sea at Woodbury's Cove; implying that the town, had a landing at said cove, and
the committee say:
"At this time (1795) the above said landing has been improved as a Public Landing Place for
more than eighty years past and there has been no let or hindrance from any person improving said
landing as such until of late."
The committee recommended that the way be relaid from "the corner of Nathaniel
Woodburys house down to the sea at Woodbury's Cove," and the town, May 6, 1795, voted follows:
"That the Selectmen be directed to lay out the way to Woodbury's Cove, as above reported
by the committee.
"The Selectmen in accordance with the above vote proceeded to lay out a town highway to
said cove, the bounds on the beach being as follows:
... "Down to the beach on Obear land, along by Bowles fence, and from the last mentioned bound on
the beach to run W. 34 deg. 30 m. S. 1 pole 3 links, and from thence southerly down to low water
mark, and from the easterly side of said way on the said beach to extend easterly 1 pole from thence
down to low water mark as to make the landing on the beach 3 ½ poles,"
On the 27th of March, 1854 (see book 11; Town Report, page 430), Woodberry street was
laid out and widened so as to make it 46 feet wide from Hale Street to Ober street, measuring from
the westerly line established in 1798, and 40 feet wide from Ober street to the beach; measuring
from said westerly line.
In the County Commissioners' Records it appears that at the September term of Court, 1774,
a way was laid out near the "Ferry" and extending to the channel of the Beverly river. At the
December term, 1802, the County Commissioners discontinued a part of said way including a part
of the landing place at the "Ferry."
We are satisfied by the reports of the committees above cited and by further reference to the
town and county records that there is a town landing at "Draper's Point" near Elliot street, one at
what is called the "Ferry" near R. J. Preston's boat house, one at Woodberry's Cove, so-called, and
one at the foot of Brackenbury Street.
The landing at "Tuck's Point" referred to in the report of the committee appointed in 1774,
we are unable to locate.
The Supreme Court of Mass: (see 2 Pick. 44), say, "A public landing place is not a town
way, and a town is not authorized to discontinue it."
In the 5th Pick. 492, the court say that "landing places have in some towns existed by
immemorial usage on the banks and perhaps on the shore of creeks or rivers, but towns have no right
to create them either as such or under the pretense of laying out a way."
In the 6th Allen, 10, the court held that the County Commissioners have no authority to
discontinue a public landing place.
It is evident from the foregoing authorities that a town public landing place having been once
established by immemorial usage or by an act of the legislature, cannot be discontinued by any other
authority than the legislature.
STREETS.
The following streets have been laid out to the water: Water street extension, Feb. 27, 1869--
in the direction of Baker's Island light house to high water mark 40 feet wide (see book 12, T. R.,
page 228).
Central street extension, June 22, 1868 from Lovett street to high water mark, 40 feet wide
(see book 12, T. R., page 29).
Washington street, March 1, 1803--to the bank of the sea, thence on the same line to low
water mark, 50 feet wide (See book 8; T. R., page 285).
Abbot street, widened February 24, 1871 from Lothrop street to high water mark, not yet
completed. (See book 12, T. R., page 395).
Ocean street, March 3, 1870, from Hale street to high water mark, 40 feet wide (see book
12,T. R., page 362).
Dane street extension, June 22, 1868--from Lovett street to high water mark, 40 feet wide
(see T. R., page 293).
Ober street, Sept. 10, 1803--from "Heart's Bridge" to "Ober's cove" 2 ½
rods wide throughout, except the landing on the beach which is to be 3 1/2 rods wide down to low
water mark (see book 8, T. R., page 289).
We find that within two years the owner of the land adjoining Ober street built a stone wall
a distance of nearly seventy-five feet, on the easterly side of the street, to what was once the old wall
of the "Bardwell Fish Pond," thereby encroaching on the street nearly nine feet. The street, by
actual measurement, at this point is only thirty two feet wide, when it should be 2 ½ rods or 41 ½ feet as originally laid out
in 1803.
We recommend that the owner of this wall be ordered forthwith to set it back on the line of
the old wall on his own land.
Bay View Avenue, (at Hospital Point,) Feb. 21, 1873-Beginning at a stake, No. 1, on the
Southerly side of Neptune street, and on several courses to stake No. 5, thence to the sea, "laying out
said town way from Neptune Street to stake No. 5 to the sea 70 feet westerly from the light house
lot.
It will be noticed that two of the above streets, Washington and Ober appear in the Town
Records as laid out to low mark. The question whether a town can lay out a highway below high
water mark is fully discussed by the Supreme Court in the 5th Pick. page 492. In that case the town
of Marshfield laid out a road or landing below high water mark. We quote from the opinion as
follows: "By the statute of 1786 than '67, the selectmen of the several towns are authorized and
empowered to lay out particular and privates ways for the use of their towns.... It appears, by the
record of the doings of the selectmen, that the way laid out by them is between high water mark and
the channel of a navigable river, over ground which was mostly covered by a wharf and store, of
which the plaintiff claims the property. We do not believe there is any authority given by the statute,
to appropriate the shore or flats of a navigable river to the use of the inhabitants of a town in the form
of a way or road. It cannot be wanted for any of the common purposes of a road, and cannot be
constructed so as to be used as such without interrupting more or less the public right of passage up
and down the river. The whole river included within high water mark on each side, is a public
highway and in many small streams where the tide ebbs and flows, the channel itself would be
wholly useless for purposes of navigation, if vessels should be limited to that, as would be if towns
on each side were to build up their roads to the edge of the channel. Proprietors, themselves, of the
banks have no right to erect wharves or other obstructions between high and low water mark, if
thereby the passage for vessels and boats would be materially straitened and injured. A public
highway cannot be laid out across a navigable stream, except by a license from the legislature. Why?
Because it will destroy an existing highway, the river itself, in which all the citizens have an interest.
A TOWN THEN, FOR THE SAME REASON, CANNOT LAY OUT A WAY ON THE SHORE
BETWEEN HIGH AND LOW WATER MARK; for though it may not entirely, it will essentially
impair the public easement in the stream. It is true individuals may acquire the right by grant or
prescription, or under the ordinance of 1641, to occupy flats with wharves and stores; but this is
always on condition that the navigation of the stream be not materially impaired; if it be, such
erections are a nuisance ..... The attempt in this case to convert a wharf into a town way,
effectually shows the wisdom of withholding such powers from towns."
BEACHES.
Your committee have been unable to obtain any evidence that the town in its corporate
capacity has any rights in the beaches. It seems that the town has never exercised over them any
rights of ownership. The towns people or the public may have gained rights to enter upon the
beaches for the purpose of bathing, and gathering sea-weed, etc.
"MING0 BEACH."
"Mingo Beach" was owned by the Ober family from 1785-1849, when it was sold to Patrick
T. Jackson; Jackson's executor sold to E. G. Loring; and Loring's executors conveyed to J. P.
Gardner the father of the present owner of the beach. In the deed from Ober to Jackson the following
clause appears: "The beach hereby conveyed being only subject to such lawful rights and easements
as the public or any individual may have therein, or upon or over the same:" Similar words were
used in the later conveyances of the beach. We have been informed by very old persons living in the
vicinity of this beach that, from time immemorial, the public have used it as a landing place, and
have also entered upon it for the purposes of bathing, boating and gathering sea-weed. The Obers
apparently recognized some rights of the public in the beach, by selling it subject as above.
"PATCH'SBEACH."
"Patch's" Beach, at the foot of Brackenbury street. There is evidence that the public have used
this beach as a landing place and have entered upon it from time out of mind, for the purpose of
boating, bathing and gathering sea weed. The present owners of the upland adjoining this beach
bought nearly all their land bounded by the bank above high water mark, with a quitclaim of all right
and title in and to the beach, but "subject to all public and private easements which may be over the
same."
"WEST' S BEACH."
In 1642 the Town of Salem granted to John Blackleech 300 acres of land, a part of which is
now owned by Mr. Franklin Haven and others, adjoining the sea. John Blackleech sold these 300
acres to John West Dec. 16, 1660 (see Reg. Deeds So. Dist. Essex, book 2, leaf 118). In the first
book of records of the town of Salem, in the year 1666 we find the following record:
"At a meeting of the Selectmen the 19th of February, 1666, (Two years before Beverly was
set off from Salem.) "It is agreed with John West at the creek that whyle hee shall mayntayne the
causeway over the marsh at the farm which was Mr. Blackleech's in Salem bounds, a sufficient
highway to the town of Gloucester and the Manchester meadows, he shall enjoy the use and benefit
of all such ground which lyeth in common between the sayd farm and the farm of Nathaniel
Woodbury, with pond and Beach, and hath Libertie to set up a gate there for his use."
We are informed that the town's people have always gone on this beach, gathered sea-weed
from it, kept their boats upon it and always used it for bathing purposes. The incorporation of a part
of the beach in 1852 settled the rights as to the fee therein. We find that nearly all the lands
purchased by Mr. Franklin Haven, Mr. Boardman and others adjoining the beach, are bounded on
the bank above high water mark, with a quitclaim to the beach and "subject to all easements both
public and private whatever they may be."
Kelp and Sea-weed.
In the Public Statues, chap. 100 sec. 166 we read: "Any person may take and carry away kelp
or other sea-weed between high and low water, whilst the same is actually adrift in tide waters, but
for such purpose no person shall enter on upland or on lawfully enclosed flats without the consent
of the owner or lawful occupant thereof. The provisions of this section shall not apply to any city or
town in which the subject is regulated by special act of the legislature."
In the 2d Allen (Mass Report, page 549) the court decide that sea-weed between high and low
water mark, which has not been deposited on the shore, and which during flood tide is moved by
each rising and receding wave, is adrift, within the meaning of the above statute.
In the 7th Met. page 322, (Mass. Reports,) the court held that sea-weed which is thrown
upon a beach, belongs to, the owner of the beach.
Lands Bounding on the Sea.
The rights of owner of lands bounding on the sea, or where the tide ebbs and flows, are fully
considered and explained in the Case of Com. v. Alger, 7 Cush. (Mass. Rep.), page 53. Chief Justice
Shaw in this case, says: "By the common law of England, as it stood long before the emigration of
our ancestors to this country and the settlement, of the Colony of Massachusetts, the title to the land
or property in the soil, under the sea, and over which the tide waters ebbed and flowed, including
flats, or the sea-shore, lying between high and low water mark, was in the King, as the representative
of the sovereign power of the country. But it was held by a role equally well settled, that this right
of property was held by the King in trust, for public uses, established by ancient custom or regulated
by law, the principal of which were for fishing and navigation ..... Assuming that the first settlers
of Massachusetts regarded the law of England as their law, and governed themselves by it, it follows
that the earliest grants of land bounding on tide waters would be to the high water line and not below
it, and would have so remained, but for the colony ordinance, now to be considered. This is
commonly denominated the ordinance of 1641. "In the third section, ' It is declared, that in all
creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the
proprietor, or the land adjoining shall have propriety to the low water mark, where the sea doth not
ebb above a hundred rods, and not more wheresoever it ebbs further: provided that such propriety
shall not by this liberty have power to stop or hinder the passage of boats or other vessels; in or
through any sea, creeks, or coves, to other mens house or lands .... Taking the terms of the
ordinance, with a long course of judicial decisions upon its construction, nearly if not quite uniform,
the court are of the opinion that the antecedent law limiting the right of private proprietors of land
bounding on the sea or salt water, to the line of high water, was changed by it; that, after this
ordinance, the grant of land, so situated, by the colonial government, individuals, or to proprietors
of townships or companies of settlers, through whom they came to individuals, vested in such
grantees an estate in fee in the land lying between high and low water mark... But that it was to be
held subject to a general right of the Public for navigation until built or enclosed and subject also
to the reservation that it should not be built upon or enclosed in such manner as to impede the public
right of way over it for boats and vessels .... And we think it entirely clear that, since the adoption
of the colony ordinance, every grant of land, bounding upon the sea, or any creek, cove or arm of the
sea, and either in terms including flats to low water mark, or bounding the land granted on the sea
or salt water, with no terms limiting or restraining the operation of the grant, and when the land and
flats have not been severed by any intervening conveyance, has had the legal effect to pass an estate
in fee to the grantee, subject to a limited right of way for boats or vessels."
Ancient Highway.
In the Salem Town Records, book 1, under date of Nov. 1, 1644, we find the following;
"Ordered that all such as have houses and lotts next the water side in any place in this town
shall mayntayne a good way both for both horse and man of 8 foote broad at least upon payne of
presentment and such a fine as the town or court shall impose upon such as are defective, and that
such defects shall be made good before the first day of the 3rd month next."
Two years after this, Aug. 26, 1646, at a general Town meeting it was ordered (see book 1,
Salem Town Records):
That William Woodbury and Richard Brackenbury; Ensign Dixey, Mr. Conant, and
Lieutenant Lothrop and Lawrence Leach shall forthwith lay out a way between the Ferry at Salem
(now Beverly), and the head of Jeffryes Creek (now Manchester),and that it be such a way as men
may travele on horse back and drive cattle and if such a way may not be found then to take speedy
course to set-up a foote bridge at Mackerele Cove."
It is very evident that the above Committee laid out such a way, from the fact that it is still
in existence and well defined The way, as near as we are informed, begins at the foot of Dane street,
then along the high bank and follows the shore to "Burgesses' Point," crossing Woodberry, and Ober
streets to "Hospital Point," then along on the top of the bank in front of the estates of Lawrence,
Peabody, Endicott, Lefavour, and Pickman, crossing Brackenberry street to a small foot-bridge over
the brook to "Cushing's Point," then by the Point through Dexter's land to "Mingo's Beach" and so
on to the Manchester line.
Bay View Avenue is not yet graded or finished between stake No. 5 and high water mark.
Your committee recommends that this street be completed to high water mark, and that a suitable
stone wall be built at its terminus. This street which was laid out 70 feet wide from stake No. 5 to
high water mark would, if completed be one of the finest drive-ways in the town, situated as it is
upon a high bluff and commanding a magnificent view of the land and sea for miles around.
A. E. STORY,
ALBERT BROWER, Committee
D. W. QUILL
Beverly, April 7, 1884.