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1860-03-12Commonwealth of Massachusetts Essex, ss. To one of the Constables of the town of Beverly. Greeting. You are hereby required in the name of said Commonwealth, to notify and warn in the usual manner, the qualified voters of said town, to meet at Town Hall on Monday the twelfth day of March current, at Nine O'clock in the forenoon, for the following purposes, viz. 1st. To choose a Moderator. 2d. To choose town officers for the ensuing year, and grant such pay for their services as the town may deem expedient. 3d. To see if the town will build a cistern at some convenient place in or near Washington Street, and appropriate money for the same per petition of James Briant and others. 4th. To see if the town will build a cistern near the junction of Davis and Cabot Streets and appropriate money for the same. per petition of A. Davis & others. 5th. To see if the town will build a culvert across Cabot Street at the junction of Washington Street- per petition of G. T. Hawes & others. 6th. To see if the town will cause to be removed that portion of the ledge that projects across the sidewalk on the North side of Hale Street, opposite the Cavendish House.-per petition of G. K. Gallop & others. 7th. To see if the town will refund to the inhabitants of North Beverly, their proportion of the money that has been assessed upon them for the purchase and support of burial grounds in other parts of the town since the year 1840.- Per petition of Benjamin Ludden and others. And take such action as they may deem expedient in regard to any and all other burial grounds in town. 8th. To see if the town will accept the Regulations of the Beverly Fire Department.- Per petition of the Engineers. 9th. To see if the town will discontinue the town way leading from Colon Street to Herrick's Lane.- per petition of Joseph G. Dodge and others. 10th. To see if the town will widen and straighten the town way leading from Colon Street to Herrick's Lane.- per petition of ri. O. Foster and others. 11th. To take such action as the town may deem expedient relative to an order of notice from the County Commissioners, on petition of S. P. Lovett & others for a jury to assess land damages. 12th. To see what measures the town will adopt to protect themselves from the unlawful traffic in intoxicating liquors, and the evil consequences resulting therefrom. 13th. To adopt such measures, grant such sums of money, and make such regulations in regard to the High School, and other Schools throughout the town, and act and do anything respecting the same as they may deem expedient. 14th. To adopt such measures, grant such sums of money, and make such regulations in regard to the construction, repairs and improvement of the Highways and town ways throughout the town as they may deem expedient. 15th. To grant such sums of money, to be raised and assessed upon the polls and estates within the town, for the purpose of defraying the debts of the town and for the expenses of the current year, as may be deemed expedient, and make all necessary regulations and allowances respecting the same. 16'. To see if the town will accept the Jury List as revised by the Selectmen. Hereof fail not but make due return of this warrant with your doings thereon before said time. Given under our hands seai this second day of March in the year Eighteen Hundred and Sixty. Wm. H. Lovett John Meacom Selectmen Thomas A. Morgan of Albert T. Dodge Beverly John Ober Beverly March 5th 1860. I hereby certify that I have notified the persons therein named as therein directed, by posting notices thereof, at or near each of the Meeting Houses in town, according to the Town Regulations. Wm. P. Moses. Constable. A true record of the original warrant and return thereon. Attest. James Hill, Town Clerk. Pursuant to the warrant recorded on the two next preceding pages, the qualified voters of the town of Beverly assembled at the Town Hall in said town on Monday the Twelfth of day of March, in the year Eighteen Hundred Sixty at Nine o'clock in the forenoon at which time the Meeting was called to order by the Town Clerk, who read the Warrant therefore,-it was then- Voted. by ballot. That William H. Lovett be Moderator. (unanimous) Prayer was then offered by Rev. E. W. Harrington. Voted, by ballot, the James Hill be Town Clerk. (unanimous) Then in open town meeting immediately after the above choice, James Hill aforesaid was sworn to the faithful discharge of the duties of the office of Town Clerk of the town of Beverly, by and before me. Wm. H. Lovett, Moderator. Voted, by ballot. That William H. Lovett, John Meacom, Albert T. Dodge, Robert S. Foster, and Charles Moulton be Selectmen. Voted, by ballot, that James Hill, Francis Jenness, Elisha Woodbury, John H. Cross, and John Knowlton be Assessors. Voted, by ballot, that Robert G. Bennett be Town Treasurer. Voted that the Treasurer received twenty dollars for his services the ensuing year. Voted, by ballot, that Ezra Edwards, Jr. be Collector of Taxes. Voted, that the Collector shall be allowed two per cent on all monies collected by him and paid into the Treasury, in full compensation for his services. Voted, by ballot, that John J. Dennis be InspecWr of Police. Voted that the number of Constables be nine. Voted by ballot, that John R. Tibbetts, Jacob Lunt, Wm. P. Moses, Levi Cole, Jefferson Webber, Charles Elliott 2d, Israel W. Wallis, S. D. S. Standley and John J. Dennis be Constables. Voted by ballot, that Henry P. Herrick, George H. Stickney and James Hill be Auditors. Voted, by ballot, that Alonzo B. Rich, Joseph C. Foster, Eli W. Harrington and John C. Kimball, be School Committee, for 3 years. After the balloting had commenced for School Committee a motion that a paragraph from a newspaper be read was made by Mr. Joseph Thissell which motion was decided by the Chair could not be entertained while balloting for School Committee was in progress. Mr. Daniel Foster appealed from the decision of the Chair, and by a vote of the Meeting the decision of the Chair was sustained. After the election of the School Committee the above named paragraph was read, and after some remarks by Mr. Joseph Thissell, it was moved by Daniel Foster, "that the town retain the School District System and that the Prudential Committees of the several School Districts be authorized to select and contract with the teachers in the Several School Districts for the ensuing year." Joseph E. Ober moved to lay Mr. Foster's motion on the table. Lost. A vote was then taken in Mr. Foster's motion, and it was adopted. Voted, by ballot, that John B. Hill, Benjamin D. Grant, Ezra S. Foster, Elisha E. Lummus, and Samuel Porter, be Overseers of the Poor. Voted that when this Meeting adjourn it adjourn to half past one o'clock this afternoon, and noon having arrived, it was voted to adjourn. At half past one o'clock P.M. the voters again assembled agreeably to adjournment, and were called to order by the Moderator. Voted by ballot, that Joseph G. Dodge be Trustee of the public library. Voted "that the Trustees of the Public Library at the annual town meeting report the expenses of their Board for the current year." Voted by ballot, that John L. Smith, Stephen Abbot 2d, Benjamin Ludden, Elisha Pride, and Ebenezer Rogers Jr. be Board of Health. The following town officers were then chosen by hand vote. Surveyors of Highways Ward 1. Lawson Walker Ward 2. Robin S. Foster Ward 3. David Larcom Ward 4. George Pierce Ward 5. Charles H. Patch Ward 6. Hiram Preston Ward 7. Abraham B. Lord Ward 8. Robin N. Lee Ward 9. John D. Standley Ward 10. Charles H. Brown Ward 11. Joseph Creesy 2d Ward 12. Asa T. Putnam Ward 13. Joshua F. Trask. Field Drivers Ward 1. Jesse Dame, Charles T. Jones Ward 2. Mark Morris 2d Ward 3. Daniel L. Trask Ward 4. Warren L. Abbot Ward 5. Isaac Standley Ward 6. Andrew Dodge Ward 7. Peter Homan 2d Ward 8. Andrew J. Blanchard Ward 9. Israel Brown Ward 10. John Conant Ward 11. William Cook Ward 12. Peter E. Clark Ward 13. Nathaniel Clark Surveyors of Lumber. William Webber, Hooper A. Appleton, John H. Cross, Joseph Ober, Adoniram Goodhue, Richard A. Woodbury, John Meacom and John H. Savory. Fence Viewers. Elisha Woodberry, Joseph A. Haskell, and Wm. A. Patch. Sealers of Leather. Joshua Trask, George W. Taylor. Inspector of Lime. William P. Cleaves. Pound Keeper. Charles N. Wallis. Clerk of the Market. James Stone. The Auditor's Report was taken up and accepted. On motion of Joseph E. Ober. Voted. that the Auditor's Report for the ensuing year be distributed, throughout, the town, and that job of distributing be let out by the Moderator at auction to the lowest bidder therefore and the contractor to forfeit all his pay unless he shall leave a copy with each family in town. On motion of W. W. Hinkley. Voted. The last vote be reconsidered. The Report of Selectmen, Overseers of the Poor, and the Fire Department, were severally read and accepted. On motion of Joseph Thissell. Voted that a cistern to hold not less than 200 hogshead be built at or near the Cove School House as soon as practicable, and by the first day of October at farthest, provided, suitable arrangement can be made with the District in regard to filling such a cistern from the School House. Voted that Joseph Thissell, Richard A. Woodbury and George S. Miller be a Committee to carry this last vote into effect under the direction of the Selectmen, and that the Selectmen are hereby authorized to draw on the Town Treasury for the payment thereof. The Report of the Trustees of the Public Library was read and accepted as was also the Report of the Board of Health. Voted., that the Chairman of the Board of Health be appointed Superintendent of Burial Grounds. Voted, the Superintendent of Burial Grounds be paid from the Town Treasury in the same manner as other members of the Border are paid. Voted. that the use of the Tomb be free whenever it is occupied a reasonable time, which time shall be determined by the Superintendent of Burial Grounds. Voted. that when we adjourn it be to Wednesday next at nine o'clock A.M.. Voted. That the use of the Town Hall be granted to the Journeymen Shoemaker's Association, free of charge, to hold public meetings in. Upon Article 3d. Petition of James Briant and others for a cistern. Voted. that the prayer of the petitioners be granted.- and that the Board of Engineers be instructed to build said cistern within six months - provided suitable arrangement can be made with the Washington Street Society in regard to filling the same from their Meeting House. Upon Article 4. Petition of Alphens Davis & others for Cistern. Voted, that the prayer of the petitioners be granted, and that a cistern be built within six months, provided anangements can be made for filling it Upon Article 5. Petition of G. T. Hawes and others for a culvert at the head of Washington Street. Voted, to refer the subject to the Selectmen, and they report thereon at the adjournment of this meeting April. Upon Article 6. Petition of the E. K. Gallop for removal of ledge in Hale St. Voted, to refer to this article to the Selectmen, and that they report thereon at the adjournment of this meeting in April. Upon Article 7. Petition of B. Ludden and others respecting burial grounds. Voted, To refer this Article to the Selectmen, to report thereon at the adjournment of this meeting April. Upon Article 8. Petition of Fire Department for acceptance of Regulations. The Regulations were read, and the motion to strike out the seventh article was lost. Voted, That the Regulations of Fire Department be accepted. Upon Article 9. Petition of Joseph G. Dodge and others. Voted, that petitioners have leave to withdraw. A motion to adjourn was lost. Upon Article 10. Petition of H. O. Foster and others. Voted, That the petitioners have leave to withdraw. A motion for adjournment was lost. Upon Article 11. Order of Notice, on petition of L. P. Lovett & others for the jury. Voted. to refer this article to the Selectmen, to take such action thereon as they may deem expedient for the interest of the town. Upon Article 12. Relating to the Liquor Traffic. Voted, the Selectmen take such measures as they may deem necessary, in behalf of the town, in regard to the enforcement of all laws for suppressing or regulating the sale of intoxicating liquors within the town. A motion to adjourn was lost. Upon Article 13. Relative to Schools. Voted, the Report of the School Committee be laid on the table. A motion to adjourn was lost. Voted, that the sum of Five Thousand Five Hundred dollars be appropriated for the support of the District Schools throughout the town for the current year.- And that the same be expended and distributed as follows.- one fifth of the whole sum to be equally divided among the several School Districts;- and the balance to be divided among the several School Districts in proportion to the number of children in each district on the first day of May next, between the ages of five and fifteen years. Mr. Daniel Foster gave notice that he shall move a reconsideration of this last vote and the adjournment of this meeting on Wednesday next. Voted, that the motion for reconsideration be considered at present time. A motion to reconsider, was then put to the meeting and lost. Voted that this meeting now adjourn, and the meeting was declared by the Moderator adjourned to Wednesday March 14, at nine o'clock A.M. The Wednesday March 14, A.D.1860 at 9 o'clock A.M. the qualified voters of the Town of Beverly again assembled at the Town Hall agreeably to adjournment, the meeting called to order to by the Moderator, Wm. H. Lovett. F. W. Choate Esq. offered the following motion. "That the High School be located at Armory Hall for the current year." On motion of Hem'y E. Woodbury Voted. that when the vote is taken upon Mr. Choate it be taken by yeas and nays. 60 in favor 135 opposed. On motion of Israel Trask 5th. Voted. that the vote whereby the yeas and nays were ordered be reconsidered. On motion of W. W. Hinkley. Voted. that Mr. Choate's motion be laid upon the table. Mr. Joseph Thissell than offered the following motion. "To discontinue the High School in this town and to request the Selectmen to secure disinterested legal counsel to carry the case to the Supreme Court if the case required, and all the expenses to be paid by the Town Treasurer." H. P. Herrick Esq. called for division of the motion. on motion of Daniel Foster 2d. Voted, that when the vote is taken on the first part of Mr. Thissell's motion, it be taken by the yeas and nays - 71 in favor 251 opposed. Previous to taking this last vote A motion of Mr. W. W. Hinkley to lay Mr. Foster's motion on the table was decided not in order by the Moderator. Mr. Simeon Beckford offered the following motion,- "That the whole subject of the High School be indefinitely postponed ." Mr. Daniel Foster 2d moved for the yeas and nays on Mr. Beckford's motion- lost 31 in favor 236 opposed. Mr. Beckford's motion was then put to the meeting and lost. Wm. W. Hinkley moved the previous question which was carried. The first part of the motion of Mr. Joseph Thissell was then put to the meeting and the vote thereon taken by yeas & nays. It was. Voted. To discontinue the High School in this town. Yeas. John W. Abbott Sames D. Abbott. Stephen Abbott 2d Nathaniel P. Allen Thomas Appleton Ira D. Batchelder Simeon Beckford Porter D. Boden Thomas Boden John Bradshaw Andrew C. Bridges Albert Brewer Henry Brewer Thomas D. Brown Edward Burke Parker Burnham Benjamin Carrico Charles H. Carey John H. Chipman Peter Clark Peter E. Clark. Richard Clark Solomon Clark. William Claxton Jr. Andrew Cleaves Jr. Alfred Cole Levi Cole Weeden Cole Zachariah Cole George N. Colyer Henry Creesy James Crockett Wm. D. Crosfield Stephen Cross, Jr. David Crowell Robert Curry Nathan Currier William F. Davis John H. Dennis Azor Dodge Benjamin N. Dodge Charles F. Dodge Joshua F. Dodge Ioshua S. Dodge Asa Edwards Issacher T. Eldredge James T. Eldredge Stephen Eldredge Benjamin W. Eldredge West D. Eldredge 2d Benjamin Elliott George Elliott Israel Elliott Jr. Robert G. Elliott Jonathan S. Ellis Thomas Farris Jeremiah W. Ferguson George R. Fielder Iohn K. Fielder Abraham H. Fisk Robert Foster Benjamin Foster Benjamin L. Foster Benjamin W. Foster Charles C. Foster Daniel Foster Ezra Foster 2d Ezra O. Foster Ezra S. Foster Henry F. Foster Israel Foster Jr. Jeremiah Foster John Foster Joseph Foster 2d Joseph E. Foster Joseph L. Foster Jr. loshua Foster Josiah Foster 2d Josiah L. Foster Josiah L. Foster Jr. Luther Foster Robert S. Foster William A. Foster Osmond Gage Augustus A. Galloupe Isaac Galloupe Jonas G. Galloupe Benjamin Galucia Anderson Glidden Ezra A. Glidden Benjamin Goldsbury Adonirarn Goodhue Levi K. Goodhue Luke D. Goodrich William A. Hale Nathaniel Ham Philip A. Hammond David F. Hanners Joseph H. Harlow Alvin Haskell John Haskell Perkins Haskell Jones Hatfield Stephen Hathaway George W. Herrick Henry P. Herrick Ruben Herrick Jr. Elbridge Herrick Hugh Hill Jr. William W. Hinkley Josiah F. Hitchings Jonathan O. Holden Samuel G. Hooper Henry Kenniston Andrew Larcom David Larcom Edmund Larcom David Lefavour Isaac S. Lewis Edward B. Lovett Francis S. Lovett Stephen Lovett Benjamin E. Ludden William C. Lynn Stephen Mascoll John F. Masury George S. Millett Peter Mitchell Georgia F. Monies John Morgan Luke Morgan Thorndike Morse Thorndike F. Morse John E. Moses Charles Moulton Charles L. Moulton William McConley Benjamin H. Needham William H. Schneider Charles Ober Isaac Ober John R. Ober Joseph Ober Joseph H. Ober Paul H. Ober Samuel Ober Samuel F. Ober Samuel Odell Ariel Osborn James Patch Robert Patch Robert Patch 2d William H. Patch Nathan W. Patch Moses Pedrick Richard Pedrick Jr. Charles H. Perry James Perry William Perry William Perry Jr. Josiah Pickett George A. Pickett George Pierce Samuel M. Pierce Charles Poland Adoniram Porter Jeremiah Porter Jeremiah Porter 2d Joseph Porter Jr. Nathaniel Porter Benjamin Preston Benjamin Preston Jr. Charles F. Preston Andrew Prince Augustus Prince Benjamin Prince George W. Prince Asa F. Putnam John W. Quiner John W. Raymond Alfred Rea Ebenezer Rea Isaac Rea Elisha P. Rich Hiram L. Roberts John J. P. Roberts Joseph Robinson Ebenezer Rogers Jr. William D. Rose David Sheldon Israel A. Sheldon Edward Smith Isaac Smith Thomas E. Smith Isaac W. Smith Benjamin W. Standley Ezra Standley Isaac Standley Timothy M. Standley William Standley 2d William H. Standley James Stone William F. Symonds Amos Thissell George Thissell Joseph Thissell Samuel Thissell 2d William Trow Abraham Trowt Sacob W. Trowt Knott Vickery Abraham W. Wallis Albert Wallis Calvin Wallis Ebenezer Wallis Bdward Wallis 2d Eleazar Wallis Israel Wallis John Wallis 2d Joseph C. Wallis William Ward William E. Webber Henry Wilbur Israel F. West Robert Whipple George Whitmarsh Joseph Wilson Samuel Wilson Andrew Woodberry Benjamin Woodberry 3d Dixie Woodbetry Jr. Edwin Woodberry Ethall Woodberry Ezra O. Woodberry Henry F. Woodberry Issaeher Woodberry Jonathan Woodberry Joseph Woodberry 2d Luther Woodberry Mark Woodberry Mark A. Woodberry Ethan Woodberry Solomon Woodberry Stephen W. Woodberry Josiah Woodberry Abraham K. Young Benjamin Young John H. Young Yeas.-249. Nays. John E. Abbott Joseph Abbott John Abbott Edward P. Allen Isaac Appleton John I. Baker Stephens Baker Samuel Bell William C. Boyden Wyatt C. Boyden James Briant Jacob Brewer Joshua W. Carrico Frederick W. Choate Augustus N. Clark William A. Cleaves Freeborn W. Cressy Isaac Cross Alpheus Davis John J. Dennis Mark Dennett Samuel Dike Andrew Dodge Albert F. Dodge Jonathan S. Dodge Joseph G. Dodge Andrew L. Eaton Jr. Ezra Edwards Jr. Robert R. Endicott William Endicott Charles Endicott Michael T. Flynn Leonard C. Foss Daniel Foster 2d Hezekiah O. Foster Issacher Foster Joseph Foster Joseph C. Foster Samuel Foster Charles Friend Seth Friend Stephen M.. Furbush Edward L. G-iddings John E. Giddings Augustus Giles Robert Goodwin Benjamin D. Grant John A. Greene Charles Haddock Henry Hale Henry Hale Jr. Zebulon O. Hale Joseph H. Hanaford Alden Harris Noah Hanson Charles E. Herrick Luther Herrick James Hill John B. Hill David S. Holden Francis Jonness James H. Kendall Jr. Austin D. Kilham Benjamin P. Kimball John Knowlton Henry Larcom Franklin Leach Israel F. Lee Josiah C. Lee Philip Lee Philip Lee Jr. Samuel S. Lee Abraham B. Lord Charles F. Lovett John Lovett Jonathan H. Lovett William H. Lovett John W. Lovett Hervey Lunt Jacob Lunt Stephen Masury Edward Meacom George Meacom John Meacom Thomas A. Morgan William P. Moses Darnel McKenrie Arthur Meehan John Nichols Edward Ober John M. Osbom Charles H. Patch George F. Perkins John Pickett Francis E. Porter Joseph N. Porter Samuel Porter Jeremiah L. Porter Charles H. Preston Richard J. Preston Joseph L. Preston Benjamin C. Raymond Robert H. Wood Levi Woodberry 2d Alonzo B. Rich John Safford John L. Smith Francis A. Smith Daniel D. S. Standley Charles Stephens Thomas Stephens Augustus Stephens George H. Stickney Henry Stone John Stone Warren Strickland Charles H. Symonds William A. Teague William Thorndike John R. Tibbetts Augustus Story Israel Trask Henry T. Woodberry William G. Woodberry Israel Trask 4th Joshua Trask Joshua F. Traak Calvin Tuck Joseph D. Tuck Andrew F. Wales Lawson Walker Benjamin Wallis Charles E. Wallis Israel W. Wallis John E. Wallis Joseph Wallis Eleazar Wallis 2d Joseph A. Wallis Sherebiah L. Webber Haskett D. Whitney Michael Whitney Livermore Whittredge Henry P. Woodberry Nays 143 A motion was made by W. W. Hinkley that this last vote be reconsidered. Pending the consideration of which, it was- Voted, that this Meeting do now adjourn till half past one o'clock this afternoon, it was so declared adjourned by the Moderator. At half past one o'clock P.M. the voters again assembled, and were called to order by the Moderator. Mr. Hinkley's motion for reconsideration made just before the adjournment of the forenoon session was taken up and discussed by Henry T. Woodberry, John Knowlton, and the mover in favor and by Joseph Foster 2d, Isaac Standley, and William F. Davis in opposition and being put to the meeting was lost. 144 voting in favor 187 opposed. The second part of Mr. Thissell's motion was taken up and it was Voted "to request the Selectmen to secure disinterested legal counsel to carry the case to the Supreme Court if the case require it and all the expenses to be paid by the Town Treasurer." On motion of F. W. Choate it was Voted, the Selectmen have power to remove the School furniture from Mr. Upton's building and terminate the lease if they deem it expedient. On motion of F. W. Choate Voted. that the addilional sum of Five Hundred dollars be appropriated for the support of the District Schools, the same to be divided among the several School Districts in proportion to the number of children between the ages of five and fifteen years, in each District on the first day of May next. Upon Article 14. Relative to Highways. Voted. that the sum of Twenty Three Hundred dollars be appropriated for the construction and repairs of the Highways and town ways throughout the Town the coming year, and for the Snow Bills of the past season. Voted, that the sum of fifteen cents per hour, each man be allowed for all labor performed on the Highways the ensuing year, and that the sum of fifteen cents per hour; be allowed each team which shall include carts and all the tools; except a plough; and that the sum of twenty-five cents per day be allowed for the use of a plough. Upon Article 15. Money Grant. On motion of Daniel Foster Voted, that the Librarian of the Public Library receive One Hundred Twenty Five dollars for his services the ensuing year. Voted that Three Hundred dollars be appropriated for the support of the Library the ensuing year. Voted, that the sum of Eighteen Thousand dollars be raised and assessed upon the polls and estates within the Town to defray the debts of the Town, and to meet the current expenses of the coming year. Voted, that the Collector deliver or cause to be delivered at the last or usual place of abode, of each inhabitant of the Town, to such inhabitant in person, as soon as may be after the taxes are assessed, a list of the taxes such person has been assessed, and that a discount of five percent on the Town taxes be allowed to all persons who shall pay on or before the last day of October; four percent on all who pay before the last day of November; three percent on all who pay before the last day of December next, and that so far as practicable he shall on the first day of January next put in suit all taxes then due, commencing with the highest and so onto the lowest tax, providing always that the Collector shall call once for his tax after leaving the bill thereof; before putting the same in suit. Voted, that the Overseers of the Poor be requested to prepare some definite plan of alteration proposed by them in their Report, and to estimate the probable expense of the same, and report at the adjournment of this Meeting in April. Voted. to take the Report of the School Committee from the table. Voted. that the School Committee's Report be accepted. On motion of F. W. Choate. Voted. that the Selectmen confer with the Directors of the Eastern Railroad Company in regard to building a cistern at the depot and report thereon at the adjournment of this Meeting in April. Voted, that when this Meeting adjourn it adjourn to the first Monday in April next at one o'clock in the afternoon. Upon Article 16. SuryList. The list of Jurors as revised by the Selectmen was mad. Voted, that the Jury List be accepted. This list may be found recorded on page 69 of this book. Voted, that this Meeting do now adjourn, - and the Moderator so declared the Meeting adjourned to Monday the second day of April next at one o'clock in the afternoon. A true record. Attest. James Hill, Town Clerk. List of Jurors as revised by the Selectmen and accepted by the Town at their Annual Meeting March 14,1860. John Abbott Hooper A. Appleton Isaac Appleton Simeon Beckford Austin Burnham George Butman Jonathan Briant Zachariah Cole Joseph Conant William G. Crosfield Aaron Dodge Uzziel Dodge Azor Dodge Jr. Charles F. Dodge Jonathan S. Dodge William B. Dodge Asa Edwards Israel O. Edwards Stephen P. Elliott Robert R. Endicott Shadrack Fisk Daniel Foster Daniel Foster 2d Ezra S. Foster Henry F. Foster Issacher Foster Nathan H. Foster Samuel Foster William P. Friend Augustus Giles Edmund Giles Benjamin Goldsbury Benjamin D. Grant Perkins Haskell Ephraim Hathaway John B. Hill Zebulon O. Hale Luther Herrick Samuel D. Herrick Francis Jenness John Larcom Asa Larcom Benjamin Larcom Francis Larcom Rufus Larcom Samuel S. Lee John Lefavour Cyrus W. Lloyd Moses Marshall George S. Miller Thomas A. Morgan John Meacom Andrew K. Ober Joseph Ober Joseph E. Ober Joseph R. Ober Samuel Ober Ariel Osbom Thomas Pickett James Perry Jeremiah Porter 2d Joseph E. Porter Warren Prince Charles H. Preston Charles H. Perry Robert Remmonds Alfred Ray John L. Smith John O. Standley Herbert S. Standley George H. Stickney George W. Stickney Charles H. Stocker John Stone Isracl Trask 4th Joshua F. Trask Daniel Thissell Joseph D. Tuck Benjamin Wallis Eleazar Wallis Edward Wallis 2d Daniel Wallis John E. Wallis Luther Wallis William Webber Joseph Wilson Robert Whipple John P. Webber jr. Edwin Woodberry Henry Woodberry Levi Woodberry 2d Luther Woodberry Stephen Woodberry William Woodbetry A true record of said list. Attest. James Hill, Town Clerk. At a legal meeting of the qualified voters of the Town of Beverly held at the Town Hall on Monday the second day of April in the year 1860, the same being the adjournment of thc Annual March Meeting. The Meeting was called to order by the Moderator, William H. Lovett, Esq. and proceeded with the transaction of the following business. The following persons were chosen by ballot, to fill vacancies cause by the declination of persons chosen at the March Meeting. Assessors. Daniel Foster in place of John Knowlton who declined. Constable. Samuel Trask 5th in place of Charles Elliott 2d who declined. And the following persons were chosen to office, by hand vote. Surveyor of Highways in Ward 6. Richard Dodge Jr. in place of Hiram Preston declined. Field Drivers. Ward 1. William A. Teague, additional Ward 5. Ephraim Hathaway, additional Ward 2. Isaac Patch in place of Mark Morse 2d who dechnes. Ward 7. Amos B. Trask in place of Peter Homan 2d who declines. Ward 8. Albert T. Dodge in place of Andrew J. Blanchard who declines. Ward 9. Moses E. Wilson in place of Israel Brown who declines. Ward 10. Uzziel Dodge in place of John Conant who declines. Ward 11. William P. Trask in place of William Cook who declines. Surveyors of Lumber. Robert Remmonds Jr. in place of Joseph Ober who declines. Benjamin Larcom in place of Richard A. Woodberry who declines. Sealers of Leather. Charles Friend in place of Joshua F. Traak who declines. Charles D. Herrick in place of George W. Taylor who declines. Board of Health. Alvin Haskell in place of Elisha Pride who declines. Clerk of the Market. Freeborn W. Cressy in place of James Stone who declines. The Report of the Selectmen upon the several subjects referred to them at the March Meeting was read and accepted, and is as follows, Selectmen to whom was referred the 5th, 6th & 7th articles of the Warrant, would report thereon as follows, Upon the 5th Article respecting a culvert across Cabot Street, at the head of Washington Street, we are of opinion, that the construction of the culvert at this place, to be of any practical service, would be attended with so great an expense to the Town, as the water course for the entire length of Washington Street must necessarily be lowered, to say nothing of the claims for damages that might be brought by owners of adjacent estates consequent upon the change of grade necessary to the accomplishment of the purpose prayed for in the petition, that we deem it inexpedient to take any action in regard thereto. Upon the 6th Article respecting the ledge in Hale Street, near Lothrop Street, having view the premises, we estimated that it would require an appropriation of about $125 to carry out the prayer of the petition. Upon the 7th Article in relation to burial grounds, as regards the petition of B. Ludden & others; it appears that since the year 1840 there has been expended for burial grounds, the sum of $2378.33, viz. in 1841, $56.33-1844, $587-1854, $410, -1857, $600-1858, $1450, ½ of which is to be paid back into the Treasury, leaving $725 to be added to the sum to which the petitioners have been assessed, which sum as stated above is $2378.33. During the same years the whole amount of Town Tax was $77,500 of which sum the Bass River District was assessed $5772.10 - making the relative proportion of the amount paid for burial grounds $177.12. As we have not been informed of any action or vote of the proprietors of the Burial Ground in the North Parish, whereby said ground was never dedicated to the use of the inhabitants of the Town, - or in any way making the same a public burial ground, we are of opinion that the Town cannot legally grant the prayer of the petitioners in the manner prayed for, as the distribution of money to individuals, or any company of persons, is not one of the purposes for which towns are authorized to raise money, and, a Town in its corporate capacity will not be bound even by the express vote of the majority, in the performance of contracts, or the legal duties, not coming within the scope of the objects and purpose for which they were incorporated. In regard to the remainder of the article, our attention has been more particularly called to the Old Burial Ground on Hale Street; much dissatisfaction having been created and expressed for several years past, in regard to the present use and occupation thereof. Upon reference to the Records in regard to title, we find the following, facts,- in the year 1671, it was voted in town meeting, that place a of burial should be provided, and an acre of ground gotten. It was also voted that certain men should receive and layout ground for the town' s use.- in 1672 it was voted that the acre of ground bought by the Town for a burial place should be exchanged with John Lover for one acre on part whereof the meeting house stands,-and goes on to describe a lot,- in 1684, it was voted, that the Town burial place be fenced, and that the stone about the old meeting house should be used for that purpose. A new meeting house having been built on another site, and the Town having voted to sell the old one.- in 1710, it was voted, that the burial place of said Town be fenced with good sufficient rock wall, that is, the town's part of the fence against those that have land adjoining said burial place, and the several Surveyors of Highways were ordered to notify the people belonging to each Ward in town to attend said work with their teams when required by the surveyor, under penalty in case of nonattendance or refusal when so ordered, of three schillings per man, and six schillings for a team.- In 1708, a settlement of bounds was made between the Selectmen and John Lovett of whom the Town bought the burial place, and a description of said bounds are recorded at length on the Town records. In 1769, at the request of the Committee of the First Parish to the Selectmen consented that the line in front of the old burial ground should be straitened, as the Parish were about building a new meeting house, and it appears that the Parish paid for resetting the wall, which it is probable was the consideration on which the Selectmen consented to this straitening; thus it will be seen that at the date the Parish recognized the town's jurisdiction over the ground; and in every case in which this ground is mentioned, it is uniformly called the Town's Burial Ground. or some other title equivalent; and we can find no evidence of the town's having parted with the possession, not feeling authorized to take any other action in thc preiifises under this reference, we submit the foregoing facts, for your consideration, in such action thereon as you may deem expedient. In regard to a cistern near the Depot, which subject was also referred to us, we would only say, that an interview was had with the officers of the Company and they expressly declined doing anything in the regard to the matter as they say a cistern would be of no service to the Company. All which is respectfully submitted" Wm. H. Lovett John Meacom Robert S. Foster Selectmen of Beverly Beverly April 2, 1860. On motion of George S. Millett. Voted. that the ledge on Hale Street be removed on or before the first day of October next, also voted that the Selectmen be authorized to carry this last vote into effect. On motion of Jefferson Webber. Voted. that the prayer of the petition of B. Ludden and others be granted, - provided, that the proprietors grant the right of burial therein to any of the inhabitants of the town. On motion of John I. Baker. Voted, the so much of the Report of the Selectmen under Article 7, as relates to the Old Burial Ground on Hale Street be referred to the Selectmen, with the full authority to take such action in the premises, as in thdr judgment the rights and interests of the Town may require. On motion of Daniel Foster. Voted, that the authority to the Selectmen to purchase land for burial purposes, be continued, but, with no restriction thereon. Voted, that the Town Treasurer be authorized to use the credit of the Town, to such an extent as may be necessary to meet lawful demands as may be made upon the Treasury, until he shall be in funds from the collection of taxes. The following Report of the Overseers of the Poor, was read and accepted. "The Board of Overseers having considered the subject of better accommodation at the Poor House would offer the following Report. There is at present in the Poor House three persons, who cannot be properly cared for, with the present arrangement of the House. We need a place separate from the main building, where the noisy and insane can be taken care of, without disturbing the rest of the inmates. In the opinion of the Overseers the alterations needed, would be to erect a building about 20 by 28 feet, on a line north of the main building, in which could be finished some 8 or 10 rooms adapted to the wants of those whom we wish to place there; and in the basement a place to be finished for the accommodation of prisoners etc., under the care of the Police. We think the building of the above size, could be built and finished in a convenient manner, at a cost not exceeding $2000 and would in our opinion accommodate not only those in the House now, but also three others who are now boarding at the Asylum in Ipswich. The subject of Police accommodation is an important consideration in the proposed alteration. Until within a year all prisoners were taken by the Police to the Poor House, and they are allowed to associate with the regular inmates, much to the inconvenience of the Keeper, and disturbance of the inmates. We would therefore recommend, that the Overseers be authorized to erect a building of about 20 by 28 feet, and finish the same in a manner best suited to the wants of the Town, and that the some of $2000 be appropriated for the same period" John B. Hill Ezra S. Foster Benjamin D. Grant E. E. Lummus Overseers Beverly April 2, 1860. Voted, that the recommendation contained in the foregoing Report be adopted, under the direction of the Overseers of Poor, and that the sum of Two Thousand dollars, be raised and appropriated therefore. Voted, this meeting be dissolved, and it was so declared by the Moderator. A true record. James Hill, Town Clerk