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1863-04-06Commonwealth Massachusetts Essex, ss. To one of the Constables is to Beverly. Greeting. You are herebyrequired in the name of said Commonwealth, to notify and warn in the usual manner, the qualified voters of said Town, to meet at the Town Hall on Monday the sixth day of April next, at nine o'clock before noon, to give in their votes by ballot, for or against the following Article of Amendment to the Constitution of the Commonwealth, agreed to by the last and present General Courts, and published in the manner required by the Constitution, and herewith submitted to the people for their ratification and adoption. Article of amendment. The twenty-third Article of the Articles of Amendment of the Constitution of this Commonwealth which is as follows, to wit:- "No person of foreign birth, shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of United States, for two years subsequent to his naturalization and shall be otherwise qualified, according to the Constitution and laws of this Commonwealth: provided that this Amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, Provided further that it shall not affect the rights of any child of a citizen of the United States born during the temporary absence of the parent therefrom." is hereby wholly annulled. Every person qualified to vote, may express his opinion on said Article of Amendment without expressing in his ballot the contents of said Article, but the form of the ballot shall be as follows. "Amendment of the Constitution. Yes or No." The poll will be closed at Twelve o'clock unless otherwise determined by the meeting. Hereof fail not but make due return of this warrant with your doings thereon, before the time appointed for said meeting. Given under our hands and seal this 27th day of March A.D.1863. John Meacom Joseph Wilson Selectmen of Beverly Robert S. Foster Beverly March 30,1863. Pursuant to the foregoing warrant I have notified the persons therein named as therein directed by posting notifications thereof at or near each of the Public Meeting houses in town according to the Town Regulations. John R. Tibbetts-Constable of Beverly. A true record of the original warrant and return thereon. Attest. James Hill, Town Clerk. Commonwealth Massachusetts Pursuant to Resolves of the General Court, entitled "Resolves concerning the Amendment to the Constitution", approved by the Governor on the twentieth day of February, in the year one thousand eight hundred and sixty-three, the inhabitants of the Town of Beverly, "qualified to vote for Senators and Representatives in the General Court" being duly convened at a Meeting legally warned and held on Monday the sixth day of April", instant for the purpose of giving in their votes by ballot, for or against an Article of Amendment to the Constitution of this Commonwealth, submitted to the people for their approval or rejection by said Resolves, and having voted thereon in the manner prescribed, the ballots given in were sorted, counted, recorded, and declaration thereof made, as by law is provided and were as follows to wit: Amendment to the Constitution-Yes. Thirteen votes Amendment to the Constitution-Note. Sixteen votes Dated at Beverly aforesaid, the sixth day of April, in the year, one thousand eight hundred and sixty- three. John Meacom Robert S. Foster Joseph Wilson Selectmen of Beverly 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 Sixth day of April A.D. 1863, at one & a half o'clock P.M the same being the adjournment of the Annual March Meeting. Voted by ballot, that John Ober & William G. Woodberry be Selectmen in place of Samuel Endicott & John Knowlton who declines serving. Voted. by ballot, that John B. Hill be Assessor in place of James Hill who declines serving. Voted. that Hiram Preston be Surveyor of Ward 6 in place of Charles G. Conant, declined Voted, that Daniel Trow be Field Driver of Ward 1 in place of Samuel Odell, declined. Voted. that William A. Teague be Field Driver in Ward 1 in place of O. D. Kinsman, declined. Voted. that West D. Eldredge be Field Driver in Ward 3 in place olD. Larcom Jr., declined. Voted, that Peter E. Clark be Field Driver in Ward 12 in place of Joshua S. Dodge, declined. Voted, that John P. Morse be Inspector of Lime in place ofF. W. Cressy, declined. Voted, that the Report of the School Committee be accepted. Voted. that George D. Larcom, John H. Chipman & Wm. P. Moses, be Truant Officers. Voted. that the sum of Twenty Two Thousand dollars be raised and assessed upon the polls and estates, for the Town, to defray the debts of the Town and the 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, or to such inhabitant in person, as soon as practicable after the taxes have been assessed, a list of the taxes, each person had been assessed, and that a discount of five percent be allowed upon the Town Tax of all persons, who shall pay or settle all taxes due from them on or before the fifteenth day of October next: four percent to all who pay or settle on or before the fifteenth day of November next; & three percent to all who pay or settle on or before the fifteenth day of December next: and on the first day of January next, all taxes which have been assessed in the Town shall be paid, and interest at the rate of one percent a month shall be charged upon all taxes which remain unpaid from and after said first day of January until the same shall be paid; and such interest shall be added to and considered a part of such taxes; and that as far as practicable, the Collector shall on the first day of January next, put in suit all taxes then due, commencing with the highest and so on to the lowest tax, provided, always, that the Collector shall make one demand for the tax before putting the same in suit. Voted, that the Treasurer be hereby authorized to use the credit of the Town, to such an extent as may be necessary, to meet the demands upon the Treasury, when he shall not be in funds from other sources. Voted, That the Collector of Taxes, shall be allowed and paid one percent on all monies collected and paid by him into the Town Treasury, in full compensation for his services. Voted, That the Selectmen, Overseers, Board of Health, and all of the Town officers, whose pay is not provided for by statute or otherwise, be allowed and paid one dollar and fifty cents per day, for each and every day they are employed in the business of the Town, which shall be in full compensation for their services. Voted, to reconsider the vote whereby the Town accepted the lury List passed the ninth date of March last. Voted, that the name of Samuel B. Symonds be stricken from said Jury List, and the name of George M. Hildreth substituted therefore. Voted, that the Jury List as amended be accepted. A motion, "that the Selectmen authorize the Town Treasurer to pay the sum of ninety-five dollars to the legal heirs of such seamen and Navy seamen and landsmen, that have died in the naval service of the United States, that have enlisted during the present war, that have not received any bounty or prize money, and have not any due them"- was put to the meeting, and lost. The Committee on Bylaws and Regulations having reported a code of Bylaws & Regulations in print. Voted, that the Bylaws be first acted upon, and that the different sections be acted upon separately. The Bylaws as, reported by the Committee were then taken upon by sections and discussed, and Sec. 17, in the Committee's Report stricken out and some other amendments made, and it was, Voted, That the truancy bylaws adopted by the Town April 5th A.D. 1862, be embodied in the Code of Bylaws. And the Bylaws after various amendments were adopted, stand as follows. Bylaws Section 1 There shall be annually, in the month of March, chosen by the Town by ballot, an able and discrete person, to be styled "Inspector", who shall continue in office until removed, or until his successor be appointed and accepts of the said office. He shall receive such compensation for his services as the Selectmen may establish, and shall be removable at their pleasure. And in case said office shall become vacant by death, resignation or otherwise, a successor shall be appointed by the Selectmen, who shall retain his office until the next Town Meeting for the choice of Town Officers. Section 2. It shall be the duty of the Inspector from time to time, to pass through the streets and lanes, to observe all nuisances, obstructions and impediments therein, to the end that the same may be removed or prosecuted according to law. It shall also be his duty to receive all complaints, against any person for any breach of the laws in relation to the Town or the bylaws. It shall also be his duty to enforce and carry into effect all the orders and bylaws. He shall obey and execute all lawful orders and commands of the Selectmen, in relation to any matter or thing in which the Town shall be in anywise concerned or interested. He shall be vigilant to detect the breach of any bylaw or order of the Town. He shall prosecute all offenders, as soon as may be, after giving them notice of their offense, and attend in behalf of the Town, the trial of all offenses which may be prosecuted. He shall report to the Selectmen at their monthly meeting his proceedings, and attend them personally when required. He may employ one or more Deputies, who, if approved by the Selectmen, shall have power and authority to assist him in the execution of his office, and on any occasion when he is not present, to operate in his stead. Section 3. No person shall make any bonfire, or set on fire any wood, straw, shavings, or other combustible matter, in any street, lane, alley, yard or garden, or in any open place within twenty rods of any dwelling house, unless the same shall be constantly watched by some suitable person, under the penalty of two dollars for every offense. Section 4. No person shall keep any wood or peat ashes in vessels of wood, within any dwelling house, or other building, unless, the same shall have been moved from the fire seven days at least, under the penalty of one dollar for each offense. Section 5. No person shall take from its place of deposit any fire Ladder, without permission from one of the Engineers of the Fire Department under the penalty of one dollar for each offense. Section 6. The Selectmen, upon complaint made to them, or upon their own knowledge of any defective chimney or hearth, shall cause the same to be examined, and shall, if they deem it expedient, order the same to be repaired or taken down. If the owner of any such chimney or hearth, after an order in writing is served upon him ordering such chimney or hearth to be repaired or taken down, shall willfully neglect to repair, or take down the same, he shall forfeit and pay not less than five, nor more than twenty five dollars, and the Selectmen shall have the power and authority in such case, to cause such defective chimney or hearth to be taken down or repaired at the expense of the Town. Section ?. If any person shall have in his possession, in any rope walk, twine or line factory, ham or stable, any fire, lighted pipe or cigar, lighted candle or lamp, except such candle or lamp, shall be in a secure lantern, he shall forfeit and pay for each offense, not less than one, or more than five dollars. Section 8. If any chimney shall take fire from any neglect to have the same swept, or burned, and blaze out of the top, the occupier of the building to which said chimney shall belong shall forfeit and pay one dollar. Provided, that no person shall be subject to this penalty, who shall have fired or swept his chimney with the purpose of cleaning the same, within three months previous to its taking fire as aforesaid. And no chimney shall be fired, except at a calm time, when it shall actually rain or snow, and between the time of sunrising and one o'clock in the afternoon, and if any person shall set fire to his chimney at any other season or part of the date for the purpose of burning the same, he shall forfeit and pay the some of two dollars for each offense. Section 9. No person shall project any stove funnel through any wooden building, nor place any stove in any building, unless the same shall be sufficiently secured against fire, and upon complaint to the Selectmen, they shall cause the same to be examined, and if they deem it expedient, order the same to be removed, altered or made secure. And any person who shall after notice in writing from the Selectmen, neglect to remove, alter or secure such funnel or stove, in conformity to their order, shall forfeit and pay the sum of five dollars, for each and every week, he shall continue so to neglect Section 10. The sidewalk shall not be obstructed by collections of people or other, vise, nor shall any person fide or drive thereon, except where repairing or building may make it necessary. No persons shall assemble in a disorderly manner in any street, or near any dwelling house, meeting house, vestry, school house, academy, public hall or other building, and no person shall be guilty of rude or disorderly behavior, or use indecent, profane or insulting language in any street or near any dwelling house, meeting house, vestry, school house, academy, public house or other building, or make any noise to the disturbance or annoyance of any person, and no persons shall assemble and so remain upon the sidewalk of any street, or upon any door steps, or other projection from any dwelling house or other building, so as to annoy, disturb or, incommode, or obstruct any person therein, or any other, under the penalty of two dollars for each offense. Section 11. No person shall fire any gun or pistol which shall be loaded with balls, or shot within twenty rods of any dwelling house, so as to endanger any person therein, or passing to or from the same, under the penalty of one dollar for each offense. Section 12. No person shall drive or ride a horse or horses, attached to a carriage of any description, whether of burden or pleasure, or shall cause them to be driven through any part of the Town, so as to endanger person standing or passing in any of the roads, streets, lanes, or other places, under the penalty of two dollars for each offense. Section 13. No person shall make any indecent remarks or figures, nor write any indecent or obscene words upon any fence or building in this town, under the penalty of two dollars. Section 14. No person shall deface any building, fence, sign, street lamps, or other property not his own, in this town, by cutting, breaking, daubing with paint, or in any manner defacing the same, under the penalty of five dollars, for each and every offense. Section 15. No person shall be allowed to throw ashes, or any other substances in any of the public streets of the Town, whereby the safety of travelers shall be endangered, or the travel or water courses obstructed under penalty of two dollars for each offense. Section 16. No person shall be allowed to throw any stones, bricks, or any other hard substances, in any of the public streets of this town, under a penalty of one dollar for each offense. Section 17. No person shall be allowed to pasture his cattle or any other animals, in any of the streets or ways of this town, even with or without a keeper, on a penalty of not less than two or more than five dollars for each offense. But this bylaw shall not affect the rights of any person within the limits of any such street or way adjoining his own premises. Section 18. Any person found guilty of tearing down, any public notice whatever, except from his own building or premises, shall be liable to a fine not exceeding two dollars. Section 19. All penalties for the violating of the bylaws, shall accrue to the Town Treasurer, and the prosecutions may be instituted, therefor before any Trial Justice within the Town or County, by complaint by the Inspector, or of any person, in a time within six months after the commission of the offense complained of, but not afterwards. Anyperson who violates any of the bylaws, by paying the penalty annexed to such violation, to the Inspector, before any complaint is filed, shall be exempted from prosecutions for such offense. Voted, that the foregoing bylaws as amended from the Report of the Committee be adopted by the Town. Voted, that the same committee, to wit: Joseph E. Ober, Samuel Porter and Robert S. Foster, be a Committee to present the foregoing bylaws to the Superior Court within and for the County of Essex, for theft approval. The Committee on Bylaws and Regulations having reported a set of Town Regulations in print, it was- Voted, that the Town Regulations as reported by the Committee, be adopted by the Town, and they were as follows, Regulations of the Town of Beverly Chapter 1. Section 1. The Town Hall shall be under the care of the Selectmen. They may permit it to be used gratuitously for any public meetings, or other public purposes at their discretion. They may also allow it to be used for shows, exhibitions, lectures, or any other lawful purposes, which are not in their opinion of immoral tendency, and for which money is required for the admission of citizens, taking for the use of the hall, such compensation to be paid to the Treasurer, and prescribing such conditions and Regulations as they may deem reasonable. In all cases when they give permission for the use of the Hall, they shall appoint some careful person to take care of the fire and lights, and to prevent injury to the building. No use of the Hall shall be allowed that will interfere with or incommode the holding of town meetings therein at any time. Section 2. Persons speaking in town meeting, shall stand up, removing their hat, and respectfully address themselves to the Moderator. Section 3. No person while orderly speaking shall be interrupted, but if called to order, the Moderator shall decide the point of order, and the speaker may resume his remarks, conforming to the decision of the Moderator, or he may appeal from such decision to the meeting. Section 4. The Moderator may speak to points of order in preference to all others. Section 5. The Moderator shall propound all questions in the order they are moved, unless the subsequent motion be previous in its nature or except in naming sums, and fixing times, the largest surn, and the longest time shall be put first. Section 6. The Moderator in determining previous questions, and other points of order, shall govern himself by the rules of the House of Representatives for the time being, so far as they are applicable to town meetings. Section 7. Whenever it is necessary to poll the meeting, the Moderator may, if it is necessary, appoint tellers, taking one of them from those on each side of the question, who shall both count the votes on each side of the question; for which purpose the meeting may when necessary, be divided, the voters on opposite sides of the question going to opposite sides of the Hall, or they may be counted in seats, or otherwise, if the meeting shall so determined. The teller shall make return to thc Moderator of the numbers on each side of the question, and he shall announce the same to the meeting, and declare the results. Section 8. No person, who is not a legal voter, shall be allowed to speak in a town meeting, unless permission is granted by a vote of the meeting. Chapter 2. Section 1. The usual manner of warning town meetings shall be by the posting up of notifications of the time and place of meeting, and of the substance of each article contained in the warrant, signed by the person to whom such warrant is directed, at or near each of the public meeting houses, and one at some public place in each school district where there is no public meeting house, within the Town, seven days at least before the time of the holding such meeting. Section 2. Upon extraordinary occasions, or upon occasions, that will not admitted delay, town meetings may be warned by either of the three following methods; 1st. By the person or persons to whom the warrant is directed, announcing the time and place and object of such meeting at each dwelling house within the Town. 2d. By the person or persons to whom the warrant is directed, leaving at each house, a written or printed notice of the time and place and object of said meeting. 3d. By the person or persons to whom the warrant is directed, communicating to each voter the time and place and object of such meeting. Section 3. When town meetings are called at which public officers are to be voted for by ballot, and at which meetings the Selectmen are required to preside, they shall give notice, either in the body of the warrant, or appended thereto, of the time when the poll will be closed for such elections, and the time so fixed by them shall be notified as aforesaid. Chapter 3. Section 1. The Town officers to be elected annually shall be as follows, a Clerk - Five Selectmen,- Five Assessors.- A Treasurer, who shall receive all moneys of the Town, and keep a strict account of the same, and shall give bonds according to law, a Collector. - One Inspector of Police.-Nine Constables.- Trustees of the Public Library. - Five Overseers of the Poor. A School Committee of twelve persons, according to the manner prescribed by law. - Three Fence Viewers.- A Board of Health of five persons. - five Surveyors of Lumber.- One Pound Keeper. One Surveyor of I-Iighways in each ward shall be chosen by ballot.- The Selectmen shall annually appoint field drivers in each highway ward, not to exceed two in any ward.- Four Measurers of Fire Wood and Bark.- and one Sealer of Weights and Measures. - and Seven Engineers of the Fire Department. Chapter 4. Section 1. A Board of Health shall appoint a Chairman, who shall be Superintendent of Burials. They shall have the care of the Hearse and Burying Grounds, and shall keep the same in repair and in good order. They shall annually find a suitable person to attend the Hearse when used, and establish the fees to be allowed for the use of the Hearse and for a horse to draw the same, and for the attendant; and shall also establish the fees of Sextons and undertakers for their services upon funeral occasions. Section 2. The Selectmen shall draw upon the Treasurer, for the payment of all such charges actually incurred by the Board of Health for the aforesaid purposes, and also for such other purposes as the laws authorize, as shall appear to the Selectmen, to be well vouched and justly and reasonably Chapter 5. Section 1. The Surveyors of Highways shall superintendent, cleaning out, and repair all the public Highways and streets within the Town. For this purpose they may hire such laborers and teams as are necessary. The Town shall annually fix the price of labor, for both men and cattle on the Highways. Section 2. The Surveyors, shall lay their accounts for labor, materials and senrices, before the Selectmen on or before the first day of October, in each year, who shall allow so much thereof, and draw upon the Treasurer for the payment thereof, as shall appear to them to be well vouched and justly and reasonably charged, but not exceeding in the whole, the sum voted by the Town for Highways. Section 3. The Surveyor of Ward 1, shall employee as many subjects of the Alms House, as are able to labor on highways, as he can with the consent of the Overseers of the Poor. Chapter 6. Section 1. It shall be the duty of the Auditors, to annually examine the accounts allowed by and expenditures of the Selectmen, Overseers of the Poor, School Committee and Board of Health, and examine the Books and Accounts of the Treasurer. They shall in their annual reports from time to time, state such improvements in the method of keeping the accounts of the Selectmen, Overseers of the Poor, School Committee and Treasurer, as they shall judge necessary to simplify the same, to insure a just accountability of the officers of the Town, and to enable the citizens to undcrstand how, and for what purposes, the money drawn from them by taxes is expended and disposed of. Section 2. The Auditors shall distinctly report the several items of expenditures, and if any money shall appear to have been expended or allowed by any of the officers of the Town, which shall not be authorized by the Bylaws, standing regulations or the legal votes of the Town, or by the laws of the Commonwealth, they shall distinctly state the same. They shall also report of such retrenchments and economical arrangements, in regard to the finances of the Town as they shall think will be for the general good. They shall prepare their annual report and cause the same to be printed and circulated at the expense of the Town, at least two days before each Annual Town Meeting for the choice of Town officers. Chapter 7. Section 1. In appropriating the money to be allowed to the respective School Districts, the Selectmen may allow three percent of the sum appropriated to each district to be expended by the Prudential Committee of the district, in white washing, cleansing the school rooms, furnishing necessary utensils for the same, and other contingent expenses of the schools, and the residue of the sum shall be applied for the payment of instructors. Section 2. The Selectmen shall not draw money from the Treasury in any district, when the School Committee shall certify to the Selectmen that such district refused or neglected to comply with the requisitions of the School, established by the School Committee. Chapter 8. Section 1. The Constables for warning and attending town meeting shall be allowed such compensation as the Selectmen think reasonable. Section 2. The reasonable expenses, actually incurred by any agent or committee, employed by the Town, shall be allowed at the discretion of the Selectmen. The pay for all Town officers, that are not otherwise provided for by law, shall be fixed upon at the Annual Town Meeting. Section 3. The Selectmen may draw upon the Treasurer for the payment of all legal demands against the Town, for which other provision is not herein made; but in no case shall they draw for money from the Treasury until an appropriation has been made by a legal vote of the Town, or unless they are expressly required so to do by the laws of the Commonwealth. Section 4. The Treasurer shall not pay any order drawn upon him by any board of officers, except the Board of Selectmen. All Repons of the Board of officers of the Town, shall be severally incurred before the Election of officers. Section 5. The Laws and Resolves of the Massachusetts Legislature, shall annually be distributed to every family, at the expense of the Town. Voted. That the same Committee who reported the foregoing Bylaws and Town Regulations, shall, after the approval of the Bylaws by the Superior Court, cause fifteen hundred copies of said Bylaws and Regulations, to be printed in a pamphlet form and distributed among the inhabitants of Town. Voted, That this meeting be dissolved, and it was so declared by the Moderator. A true record. Attest. James Hill, Town Clerk.