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1885-05-07Commonwealth of Massachusetts Essex, ss. To either of 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 Thursday the seventh day of May next at thirty minutes past seven o'clock afternoon, for the following purposes, viz.; 1st. To choose a Moderator. 2d. To see what action the town will take in relation to providing a building for the South schools to take the place of one recently burned in that section of the town. 3d. To see what action the town will take as to the report of the committee on By-Laws, or the amending or changing the present By-Laws, or for providing a new code of By-Laws. 4th. To see if the town will appropriate the sum of one thousand (1000) dollars for the enforcement of the laws regulating the sale of intoxicating liquors and suppression of the illegal traffic in the same throughout the town-as per petition of A. N. Clark and others. 5th. To see what action the town will take respecting a telephone circuit connecting the police station with Beverly Farms, North Beverly, the manufacturing district and such other parts of the town as may be deemed necessary, for fire alarm, and for police and other services. 6th. To see if the town will adopt a system of sewerage to apply to any part or the whole of the territory of town, and determine the rate of assessment to be made upon the owners of these estates embraced in such system. 7th. To see what action the town will take in regard to insuring any part or the whole of the town' s buildings. 8th. To see if the town will provide a watering cart for use on Rantoul and Park streets,-as per petition of Frederick N. Choate and others; also to see if the town will provide for watering of any part of Cabot Street. 9th. To see what action the town will take upon the petition of the Naumkeag Street Railway Company for liberty to extend its tracks through Bow Street to a point on Hale Street known as Chapman's Corner,-as per petition of Rufus Larcom and others. 10th. To see if the town will authorize the Town Treasurer to borrow on the credit of the town such sums of money as may be necessary to meet the liabilities incurred under any votes which may be passed at this meeting. Hereof fail not, but make due return of this warrant with your doings thereon before the time of holding said meeting. Given under our hands and seal this thirtieth day of April in the year one thousand eight and hundred eighty-five. John I. Baker Isaac Ober Selectmen Henry W. Foster of Augustus Williams Beverly Freeborn W. Cressy Essex, ss. Beverly, May 1, A. D. 1885 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 several places in town required by the town regulations. William W. Woodbury, Constable of Beverly A true copy of the original warrant and the return thereon. Attest. Win. 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 next two proceeding pages, at the Town Hall in said town on Thursday the seventh day of May in the year one thousand eight hundred and eighty-five at thirty minutes past seven o'clock aftemoon and by adjournment on Saturday the ninth day of said month at thirty minutes past seven o 'clock afternoon. The meeting having been called to order at the time appointed, by the Clerk who read the warrant therefor, it was Voted that the Moderator be chosen by hand vote. Voted that Freeborn W. Cressy be Moderator. Upon Article 2. South School House. Upon motion of John I. Baker it was Voted that the School Committee be authorized to have a school house built of wood on the site of the South school house burned in December last, to be fitted with eight school rooms and other accommodations and properly furnished, and that a sum not exceeding twenty-two thousand (22,000) dollars be appropriated therefor, which the Town Treasurer is authorized to hire upon notes approved by the Selectmen, and any amount which may be expended under this vote shall be assessed in the next annual assessment of taxes. Upon motion of Daniel Foster it was Voted that five good citizens be added to the School Committee to serve with them as a Building Committee for the South school house. Daniel Foster, Charles H. Odell, Peter E. Clark, Robert R. Endicott and Gustavus Obear were chosen as this committee. A motion by John T. Ober that the Board of Engineers and the Board of Selectmen be added to this committee was lost. Upon Article 3. By-laws. A motion by John T. Ober that the report of the committee on By-Laws be recommitted with instructions to report a By-Law respecting the erection of wood buildings was lost. Voted that the several sections of the By-Laws reported by the committee be acted upon separately. The report of the committee was then presented, each section separately and as amended and accepted it was voted that the By-Laws of the town be as follows; viz..; By-Laws of the town of Beverly. Section One. There shall be chosen by ballot at each annual town meeting a person who shall be styled Chief of Police. He shall serve until the next annual town meeting or until his successor is chosen and qualified. He shall be the chief of the police force of the town and it shall be the duty of said officer to receive complaints against all persons violating any law in the town and to prosecute offenders and attend on behalf of the town the trial of offenses alleged to have been committed. He shall enforce all orders and by-laws of the town and shall obey and execute all lawful orders and commands of the selectmen in relation to any matter which the town may be interested; he shall keep the record of all prosecutions and offenses committed within the town, and when not engaged in other official business remain at the police station during such time each day as the selectmen may determine. Said officer shall receive such compensation for his services as a chief of police as the Board of Selectmen may determine. In case said office of Chief of Police become vacant from any cause the selectmen shall appoint a successor to fill said vacancy, who shall discharge the duties of said office until his successor is chosen and qualified. Section Two. The Town Clerk shall be clerk of all boards of town officers, and shall audit all the town accounts; he shall keep his office open on every business day from 8:30 A.M. to 12 N. and from 2 to 5. He shall receive as compensation for his services the sum of one thousand dollars per annum. Section Three. No person shall, except in the performance of some legal right or duty, discharge any gun, pistol or other firearm or fire any squib, cracker, serpent or other preparation, whereof gun powder is an ingredient in or upon any public street, lane, alley, public place, highway or bridge, within the limits of the town, under penalty of not less than one dollar nor more than twenty dollars for each offense. Section Four. No person shall pasture cattle or other animals either with or without a keeper in any public street or highway in the town or permit or allow any horse, swine, goat, cow or other cattle belonging to him or under his control, to graze in any public street, highway, sidewalk, or public place or to go at-large therein, without permission from the selectmen, under penalty of not less than one dollar nor more than twenty dollars for each offense. But this bylaw shall not affect the right of any person to the use of land within the limits of the way adjoining his own premises. Section Five. No person shall drive or draw any coach, cart, wagon, carriage, sleigh or sled of burden, (except children' s hand carriages) or ride or drive any vehicle, horse or cattle, or ride or drive any bicycle, tricycle or velocipede upon any sidewalk in any public street or highway in the town, under penalty of not less than one dollar nor more than twenty dollars for each offense. Section Six. No person shall obstruct or encumber any street, square, sidewalk, public place, bridge or highway, or any part thereof by any staging, buildings, box, barrel, crate, cask, package, trunk or other article, or by timber of any kind, so as to interfere with the convenient use of the same without permission of the selectmen, under a penalty of not less than one dollar nor more than twenty dollars for each offense. Section Seven. No person shall put or place, or cause to be put or placed, cast, or cause to be cast, in or upon any street, lane, alley, public highway, sidewalk or other public place in the town any ashes, soot, garbage, carrion, shreds, shavings, filth, oyster, clam or lobster shells, offal of any kind, or any other refuse matter except in such place and in such manner as the Selectmen shall prescribe, under penalty of not less than one dollar nor more than twenty dollars for each offense. Section Eight. No person shall shoot with or use a bow and arrow or throw any stones or snow balls or other missiles, play at ball, coast, course or slide upon any sled or sleds, or any vehicle within or upon any public street, highway, lane, alley, or upon any public sidewalk in any public street, highway, lane, or alley, in the town, without permission from the Selectmen, under penalty of not less than one dollar nor more than twenty dollars for each offense. Section Nine. Three or more persons shall not stand near each other upon any sidewalk or street crossing, so as to obstruct a free passage for foot passengers, and any person or persons obstructing any sidewalk or street crossing, shall move on immediately after a request made by one of the Selectmen, Chief of Police or any constable or police officer, under penalty of not less than one dollar nor more than twenty dollars for each offense. Section Ten. The Selectmen may require the owner occupant of any building to remove any snow or ice remaining upon the roof of the same, and any person so notified who shall neglect to refuse to remove such snow or ice, shall forfeit and pay the sum of one dollar for each offense. Section Eleven. No person or person shall be or remain upon any doorstep or other projection from any dwelling house or other building not his own, within the town, so as to annoy or disturb any person, or shall obstruct any passage to the same or appurtenances thereof and any person being or remaining as aforesaid, when ordered by any constable, police officer, or watch man or by the owner or occupant of such dwelling house or other building, shall immediately depart and stay away therefrom, under penalty of not less than one dollar nor the more than five dollars for each offense. Section Twelve. No person shall sell or use within the town of Beverly any toy pistol or toy canon, or sell or expose for sale without a written license therefor from the Selectmen, any other article in which explosive compounds of any kind are used, or of which such compounds form a part, under a penalty of five dollars for each and every offense. Section Thirteen. All licenses which may be granted by the selectmen to any persons to be keepers of shops for the purchase, sale or barter of junk, old metals, or any secondhand articles, or to be dealers therein, shall contain the following conditions:- First. That every person at the time of receiving said license, which shall be granted only on a written petition signed by the person applying for the same, shall pay therefor the sum of two dollars. Second. That every person so licensed shall keep a book, in which shall be written, at the time of each purchase a description of the article or articles purchased, the name and residence of the person from whom, and the day and hour when such purchase was made; and that such book shall at all times be open to the inspection of said Selectmen or any police officer or constable of the town. Third. That all articles purchased shall be open to the inspection of the Selectmen, or any person by them authorized; and that no dealer shall directly or indirectly either purchase or received by barter, or exchange any of the articles aforesaid, of any minor, knowing or having any reason to believe him to be such. Fourth. That every keeper of said shop shall have in some suitable and conspicuous place, a sign designating that he is licensed as such and containing his name; and every wagon or other vehicle used by a dealer so licensed shall have upon it the name of the dealer, designating that he is licensed, and the number of his license. Fifth. All licenses granted shall be subject to the provisions of Sections 124 to 127 inclusive, of Chapter 102, Public Statutes and all violations of the foregoing provisions, and any person dealing without a license in any of the foregoing articles, within the town, shall be punished in accordance with the provisions of Section 31 of Chapter 102, Public Statutes. Section Fourteen. All By-Laws enacted and accepted by the town prior to the seventh day of May in the year eighteen hundred and eighty five are hereby repealed. It was Voted that the committee on By-Laws be authorized to present this foregoing By-Laws to the Superior Court within and for the county of Essex, for approval. A bylaw concerning the removal of snow and ice from sidewalks was proposed but the committee having stated that no action could be taken thereon except at an annual meeting it was Voted that action on this subject be postponed till the next annual meeting. UponArticle 4. Suppression of illegal liquor traffic. Upon motion of Samuel W. Eddy it was Voted that the prayer of the petitioners be granted. It was Voted that when this meeting adjourns that it adjourns to meet at this Hall on Saturday the ninth day of May current at thirty minutes past seven o'clock in the afternoon. It was Voted that this meeting now adjourned. Upon Article 5. Telephone circuit. Upon motion of John I. Baker it was l Voted that the Selectmen be authorized to establish a telephone circuit of not more than six instruments, to connect the police station with Beverly Farms, North Beverly, the manufacturing district and such other parts of the town as they may think necessary for fire alarm and for police and other services, at cost not exceeding two hundred and forty (240) dollars. Upon Article 6. Sewers. Upon motion of John H. Watson it was Voted that the matter of sewerage be referred to the Selectmen with instructions to consult with an engineer in regard to the best mode or manner of storage for the town and report to the town at a future meeting. Upon Article7. Insurance. Upon motion of Perry Collier it was Voted that action on the article be indefinitely postponed. lost. Upon Article 8. Watering cart. A motion by Frederick W. Choate that the prayer of the petitioners be granted was Upon Article 9. Street Railway. A motion by Andrew E. Story to refer the subject of this Article to the Selectmen was lost. Upon motion of Rufus H. Woodbury amended by Daniel Foster and Cornelius W. Studley it was Voted that the selectmen be requested to grant such part of the prayer of the petitioners as pertains to the extension of the street railway from Cabot Street through Hale Street to Chapman's Corner, and that if it shall be necessary to widen any part of Hale Street or any part of the traveled way of said street, the whole expense of such widening shall be paid by the Naumkeag Street Railway Co., and that the said Company shall pave the track with block paving throughout its whole extent, and that the selectmen require that the Naumkeag Street Railway Company to lay the proposed track with Street rails in the center of the Street -and with block paving on each side of the rails and between the rails and the Company agree in writing to abide by and conform to any written requests at anytime made to the said Company at any time regulating the time and mode of running their cars. Upon motion of John I. Baker it was Voted that the Selectmen be authorized to sell the watering cart. Upon Article 10. Money Grant. Upon motion of Cornelius W. Studley it was Voted that in order to provide for the expenses voted at this meeting the Treasurer be authorized, with the approval of the Selectmen, to hire such sums of money as may be necessary, in anticipation of the taxes of the year eighteen hundred and eighty six, and to issue notes of the town therefor and the debts incurred under the authority of this vote are hereby made payable from said taxes. Voted that this meeting be dissolved. A true record. Attest. It was Wm. H. Lovett, Town Clerk