1841-04-05Essex, ss. Beverly. To one of the Constables of said Town - Greeting - You are hereby required in
the name of the Commonwealth of Massachusetts to notify and warn the qualified voters of said
Town to meet at the Town Hall on Monday the 5th day of April next at ten o’clock before noon -
by posting notices according to Town Regulations - for the purpose of giving in their ballots for
Three County Commissioners and Two Special Commissioners within our County of Essex - the poll
will close at 12 ½ o’clock afternoon-
You are also hereby required by the same authority to notify the qualified
voters aforesaid to meet at said Town Hall on said Monday the fifth day of April next at 1 ½ o’clock
afternoon for the following purposes:
1st. To decide the manner of choosing a Moderator.
2d. To see if they will authorize the Overseers of the Poor to purchase one or more lots of land in
the vicinity of the workhouse and raise and appropriate money for the same.
3d. To act on the report of the Selectman of their laying out a Town way leading from Cabot Street
over land late of Israel Thorndike deceased, and over land late of Nicholas Thorndike deceased, to
the land of Albert Thorndike and others, and to determine whether the same shall be accepted and
established.
4th. To act on another report of the selectman of their laying out another Town way leading from
the above newly laid out Town way over said late Israel Thorndike’s land and the land of Thomas
P. Bancroft to a stake twenty-five feet on said Bancroft’s land, and to determine whether the Town
will accept and establish the Town way last mentioned.
5th. To act on another report of the Selectman of their laying out another Town way leading from
the last mentioned newly laid out Town way over said Thomas P. Bancroft’s land and over said late
Israel Thorndike’s land extending about 34 rods and 22 links to a stake on said Thorndike land and
to determine whether the Town will accept and establish the Town way last mentioned.
6th. To act on other report of the Selectman of their lying out another Town way commencing at
the westerly corner of William Endicott’s land on Washington Street about 22 rods South East from
Cabot Street and extending Northeasterly over said lands, and over land of late Israel Thorndike to
the Town way mentioned in the proceeding Article - and to determine whether the Town will accept
and establish the Town way last mentioned.
7th. To act on another report of the Selectmen of their extending Lovett Street and laying it out as
a Town way across Washington Street and over land of Jonathan H. Lovett and wife and over land
late of Israel Thorndike deceased to the northeast part of the propietors way and over said way on
said Thorndike land - and to determine whether the Town will accept and establish the Town way last
mentioned.
8th. To take such measures for causing any or all of said Town ways to be constructed for travel etc.
by raising money or otherwise as the Town think proper.
Hereof fail not but make due return of this warrant with your doings thereon
before said time.
Given under our hands and seal this 26th day of March A.D.1841.
The Annual March Meeting stands adjourned till 3 o’clock the same afternoon
aforesaid.
Josiah WoodberrySelectmen
Isaac Galoux of
William H. Lovett Beverly.
Essex, ss. Beverly April 5th 1841. Pursuant to the foregoing warrant I have
notified the persons therein named as therein directed.
Francis Lamson, Constable.
A true record.
Attest. John I. Baker, Town Clerk.
At a legal meeting of the qualified voters of the Town of Beverly held at the Town Hall on Monday
the 5th day of April A.D. 1841. The Electors proceeded to give in their votes for Three County
Commissioners and Two Special Commissioners within and for our County of Essex - And the whole
number of ballots was ascertained according to the Revised Statutes - And the whole number of
ballots was for County Commissioners one hundred & fifteen - For Special Commissioners one
hundred & fifteen -
And the votes for County Commissioner were sorted, counted, recorded and declaration
thereof made as is by law directed and were for the following persons.
John Tenney of Methuen fifty-nine votes.
David Putnam of Salem fifty-two votes.
Moses Newell of West Newbury fifty-three votes.
Charles Kimball of Ipswich forty-five votes.
Robert Patton of Amesbury forty-one votes.
William Whipple of Rockport forty-three votes.
Asa W. Wildes of Newbury eleven votes
Asa T. Newhall of Lynnfield fifteen than votes.
Thomas E. Payson of Rowley five votes.
Jacob Story of Essex, seven votes.
William Taggart of Haverhill, three votes
Robert Rantoul of Beverly, one vote.
Peter E. Webster of Salem, one vote.
Benjamin Walker of Salem, one vote.
Osgood Baker of Salem, one vote.
John Page of Danvers, one vote.
George H. Smith of Salem, two votes.
And the votes for Special Commissioners were for the following persons-
John Safford of Beverly, ninety-six votes.
Wm. Whipple of Rockport, fifty-three votes.
Benjn. F. Newhall of Saugus, forty-one votes
Royal A. Merriam of Topsfield, two votes.
Samuel Avery of Marblehead, eight votes.
Dr. Samuel Johnson of Andover, seven votes.
John W. Allen of Manchester Nine goes.
Thomas E. Payson of Rowley, eight votes.
Joseph Stephens of Beverly, one vote.
Jacob Brown of Hamilton one vote.
William Webber of Beverly one vote.
Attest.
John I. Baker, Town Clerk
At a legal meeting of the qualified voters of the Town of Beverly, held at the Town Hall on Monday
th
the 5 day of April A.D. 1841, at 1 ½ o’clock P.M.. pursuant to previous warrant.
Voted. To choose the Moderator by hand vote & that Daniel Hildreth be Moderator.
The article in reference to authorizing the Overseers to purchase land, was indefinitely postponed but
after reconsidering.
Voted. That the Overseers of the Poor be authorized to purchase in behalf of this Town, a certain
piece of land in the vicinity of the Workhouse, laying on the Eastern side of the Eastern Railroad,
belonging to Mrs. Hannah Wallis, if they think it expedient, provided the same can be purchased on
reasonable terms, and without drawing on the Treasury therefore for the current year.
On the 3d Article, the Selectmen reported as follows. Beverly March 27, 1841. We the undersigned
Selectmen of Beverly agreeably to the request of the inhabitants of the said Town, having according
to law given due notice to all persons interested in the laying out of the following Town way, have
viewed the premises hereinafter mentioned, and do for the convenience of said inhabitants lay out a
Town way described as follows - viz: Fifty feet wide the southwest side on line thereof commencing
on Cabot Street at the stake 6 ½ feet Northeasterly from fence of Albert Thorndike and Thomas
Stephens and wife and running Southeasterly 6 rods, 7 links to the South East corner of Albert
oo
Thorndike’s barn - thence S. 47 40' E. 6 rods, 10 links then South 40 20' east 52 rods 5 links to land
of Albert Thorndike and others and we have named the foregoing Town way Thorndike Street, and
no person interested having sustained any damage by the laying out of said way we award damages
to no person. “Signed by the Selectmen.”
Voted. To accept said report to establish said Thorndike Street as a Town way.
On the 4th Article, the Selectmen reported as follows. Beverly March 27, 1841. We the
undersigned, Selectmen of Beverly agreeably to the request of the inhabitants of said Town, having
according to law given due notice to all persons interested in the laying out of the following Town
way, have viewed the premises herein after mentioned, and do for the convenience of said in habitants
laying out a Town way described as follows, viz.: fifty feet wide, the Northwest line or side thereof
commences on Thorndike Street at a point about 22 ½ rods S. East from Cabot Street and runs North
o
50 E. 19 rods 5 links to a stake which is twenty-five feet on Thomas P. Bancroft, and we allow said
Bancroft fifteen dollars for damages accruing to him by reason of such laying out, and we have named
the above described Town way Endicott Street. “Signed by the Selectmen.”
Voted, to accept said report, and to establish said Endicott Street as a Town way.
th
On the 5 Article, the Selectmen reported as follows. Beverly March 27, 1841. We the undersigned
Selectmen of Beverly agreeably to the request of the inhabitants of said town having according to law
given due notice to all persons interested in laying out the following way, have viewed the premises
hereinafter mentioned, and do for the convenience of said inhabitants lay out a Town way described
as follows. Viz.: fifty feet wide, the Northeast line or side commencing at a stake which is twenty-
five feet on Thomas P. Bancroft’s land at the southeast corner of Endicott Street and extending South
o
37 30' East, about 31 rods, 22 links to a stake on late Israel Thorndike’s land, and we have named
the foregoing Town way Abbott Street, and we allow said Thos. P. Bancroft sixty-five dollars for
damages accruing to him by reason of such laying out and no other person interested having sustained
any damage by the laying out said way, we award damages to no other person. “Signed by the
Selectmen.”
Voted. To accept said report, and to establish said Abbott Street as a Town way.
On the 6th Article the Selectmen reported as follows. Beverly March 27, 1841. We the undersigned
Selectmen of Beverly agreeably to the request of the inhabitants of said Town, having according to
law, given due notice to all persons interested in the laying out of the following Town way, have
viewed the premises hereinafter mentioned, and do for the convenience of said inhabitants lay out a
Town way described as follows. Viz.: fifty feet wide, the Northwest line or side thereof, commencing
at a point on Washington Street 22 rods, 8 links South East from Cabot Street and extending by the
boundary line between the Academy land and land of William Endicott about 10 rods, and
Northeasterly, thence a little more Easterly 25 ½ rods across Thorndike Street to Abbott Street and
we have named the foregoing Town way Brown Street, and we allow William Endicott, one hundred
seventy dollars for damages accruing to him by reason of such laying out, and no other person
interested having sustained any damage by the laying out said way, we award damages to no other
person. “Signed by the Selectmen.”
Voted. To accept said report, and to establish said Brown Street as a Town Way.
On the 7th Article, the Selectmen reported as follows - Beverly March 27, 1841. We the undersigned
Selectmen of Beverly agreeably to the request of the inhabitants of said Town, having, according to
law, given due notice to all persons interested in laying out of the following Town way, have viewed
the premises hereinafter mentioned, and do for the convenience of said inhabitants, lay out and extend
Lovett Street as a Town way as follows. Viz.: fifty feet wide continued Northeasterly across
o
Washington Street and extending from the North east side of said Washington Street North 48 45'
East, about 10 rods by the boundary line of land of William Lord and land of Jonathan H. Lovett,
o
thence North 52 East, about 24 rods 6 links crossing Thorndike Street to a proprietors way on late
Israel Thorndike’s land and across said way, the above lines being the Northwest side or lines and we
allow the aforesaid Jonathan H. Lovett and wife, one hundred ninety dollars for damages accruing
to them by reason of such laying out, and no other person interested having sustained any damages
by the laying out said way, we award damages to no other person. “Signed by the Selectmen.”
Voted. To accept said report and to establish said Lovett Street as a Town Way.
On the 8th Article. Voted. That the Thorndike Estate Committee be authorized to construct the
several streets today established as Town ways, and also to settle the damages awarded in the laying
out of the same not to exceed ten dollars in any case over said award, provided the same can be done
out of the proceeds of the sale of said Estate.
Voted. That this meeting be dissolved, and accordingly the meeting was dissolved.
Attest.
John I. Baker, Town Clerk.
th
At a legal meeting of the qualified voters of this Town held on the 5 of April, 1841, it being
the adjournment of the Annual March Meeting, John Safford, Moderator.
Voted. That Edward Pousland, Abiel Wales, & Samuel Dike be Auditors, the others having declined.
Voted. That Edward Bradstreet and Luke Morgan be School Committee, J. Safford & J. Ober
declining.
Voted. That Perkins Haskell be Fireward, John Tuck 2d declining.
Voted. That Edward Stone be Board of Health member, C. Stephens declining.
Voted. That John E. Baker be Pound Keeper, B. Roundy declining.
Voted. That Seth Friend be Surveyor, Ward 13, Jonathan Creesy 2d, declining.
Voted. That Joseph L. Ober be Field Driver Ward 1, Obed Woodberry Jr., declining.
Voted. That Herbert S. Smith be Field Driver Ward 5, I. T. Haskell, declining.
Voted. That Israel Brown be Field Driver Ward 14, John Dodge declining.
ee
The com, on Shilager, reported that the Town had no claim to said land, which report was accepted.
The proceedings in reference to providing an Armory on the Thorndike Estate coming up from the
March Meeting.
Voted. That the Northern Front Room in the new Town Hall be appropriated for the use of the
School Committee and other boards of Town officers not otherwise provided for and that the
Mechanic Association and the proprietors of the Social Library be hereby allowed to deposit their
respective libraries therein under direction of the Selectmen.
Voted. That the Thorndike Estate Committee are hereby empowered and directed to fit up the Stable
on said Estate for an Armory, and for an Engine House, and to cause Engine No. 1 to be removed
to the same, provided, after fitting up the new Town Hall, and constructing the streets connected with
said Estate, and paying the damages caused by said Streets to the land over which they pass, that
there should be a sufficient amount of funds left from the sale of said Estate or part thereof to effect
said purpose. And also provided the same can be completed as an Armory satisfactory to the Beverly
Light Infantry.
Voted. That provided the Committee should agreeably to the foregoing vote cause the Engine No.
1 to be removed, then the Selectmen are authorized to sell and dispose of the Engine House now
containing said Engine for the benefit of the Town.
Voted. That the foregoing Committee are authorized in constructing the streets this day established,
to take gravel from such part of Lothrop Street as the Selectmen may determine under direction of
said Selectmen.
The following Town Regulations were adopted, as amended from the Report of the Committee.
Chapter 1. Town Hall & Town Meetings.
Section 1. The Town Hall shall be under the care of the Selectmen who may allow it to be used for
any lawful purpose at their discretion, taking such compensation therefore to be paid to the Treasurer
as they think expedient. In all cases when the Hall is used they shall appoint some careful person to
take care of the same, and of the fire and lights, so that no injury may be done to the Hall.
Section 2. 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, at the
time used for public worship, within the Town, seven days at least before the time appointed for
holding such meeting.
Section 3. Upon extraordinary occasions or occasions that will not admit of 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 an object of such meeting at said each dwelling
house within the Town. 2d. Other person or persons to whom the warrant is directed leaving at each
dwelling house, a written or printed notice of the time and place and object of such 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. Anyone or more of these three last methods may be used in
warning the same meeting, provided always that the warning shall be completed at least one hour
before the time appointed for holding of the meeting, and that it shall appear by the return, that all
the voters have been warned by some one of these methods. In all cases the return shall specify in
what manner the notice has been given.
Section 4. When Town meetings are called at which public officers are to be voted for by ballot and
at which the Selectmen are required to preside, they shall give notice either in the body of the warrant
or in a notice appended thereto, of the time when the poll will be closed for suchelection and the time
so fixed by them shall be notified as aforesaid.
Section 5. It to be the duty of the Constable or Constables to attend the respective Town meetings
warned by them, to preserve order, under direction of the presiding officer of the meeting.
Section 6. The rules and orders of the House of Representatives for this Commonwealth for the time
being shall be the guide of Town meetings, so far as they are applicable to the same.
Chapter 2d. Town Officers.
Section 1. The following Town officers shall be chosen annually - A Clerk, whose annual salary shall
be twenty dollars - A Treasurer who shall be Collector of Taxes and give bond according to law, and
shall two and one half percent on all money actually collected for taxes in behalf of this Town - Five
Assessors whose annual salary shall be one hundred dollars. Five Overseers of the Poor, who shall
be Directors of the Workhouse. Five Selectmen. Three Constables - A School Committee of twelve
persons - One Inspector - Three Auditors - All of whom shall be chosen by ballot - Except the
following - A Board of Health of three persons - Thirteen Firewards - Three Fence Viewers - Two
Sealers of Leather - Six Surveyors of Lumber - Two Surveyors of Shingles and Clapboards - One
Inspector of Lime - One Pound Keeper - One Surveyor of Highways in each Ward - Field Drivers not
exceeding two in each ward.
Section 2. The Selectmen shall annually appoint Four Measurers of Firewood and Bark .- One Sealer
of Weights and Measures - One Measurer of upper leather.
Section 3. The Overseers of the Poor may draw upon the Treasurer for all necessary charges and
expenses in supporting and relieving the Poor.
Section 4th. All committee & agents already or hereafter appointed on behalf of this Town shall
deposit all money received by virtue of their authority with the Treasurer, and the Selectmen shall
draw on the Treasurer for all reasonable demands to be approved under said authority, so far as funds
are provided for that purpose by the Town. And the Selectmen may allow at their discretion any
reasonable demands for services & expenses of any such agents or Committee. And the Selectmen
may further draw on the Treasury for all legal demands against the Town not otherwise provided for.
Section 5th. The Inspector shall attend to the duties of all other usual Town officers not herein or
otherwise provided for.
Chapter 3. Health Department.
Section 1. The Board of Health shall have the care of the Hearse and the Town Burying Grounds
and keep the same in repair and good order. They shall annually appoint a suitable person to attend
the hearse when used, and established 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 purpose 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
charged.
Chapter 4. Fire Department.
Section 1. The Firewards shall as soon as may be after each annual election organize by the choice
of the Chairman and a Clerk, and shall establish such rules and regulations in regard to the
extinguishment of Fires and the discharge of the duties of their office, as they shall deem necessary.
Section 2. The Firewards shall have the charge of the Public Cisterns, Engine Houses, Fire Engines
Ladders, Hooks, Buckets and all other of the Town apparatus for extinguishing fires. They shall
cause all of said apparatus to be kept in good order and ready for use, and also shall keep said
Engines well manned for service at their discretion. And the Selectmen shall draw on the Treasurer
for all charges for said purposes, duly approved and properly vouched.
Chapter 5. Auditors.
Section 1. It shall be the duty of the Auditors annually to examine the accounts allowed by and
expenditures of the several officers and agents of the Town. They shall in their annual reports from
time to time state such improvements in the method of keeping accounts of the several Town officers,
as they shall judge to be necessary to simplify the same, to insure a just accountability of said officers,
and to enable the citizens to understand 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 expenditure, and if any money
shall appear to have been improperly expended or allowed by any of the officers or agents of the
Town they shall distinctly state the same. They shall also report upon such retrenchments and
economical arrangements in regard to the finances of the Town as they shall think will be for the
general interest. They shall prepare their annual report and cause the same to be printed and
circulated at the expense of the Town, at least three days before each annual Town meeting for the
choice of Town officers.
Chapter 6. Schools.
Section 1. The School Committee may appropriate annually the income of the Massachusetts School
Fund - in the first place for school books for children whose parents or masters are judged by the
Assessors to be unable to pay for the same - and the balance for such general objects as in their
judgment will improve the public. And the Selectmen shall draw on the Treasurer for the amount so
appropriated, duly approved & properly vouched.
Section 2. In apportioning 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 and 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 payments of instructors and for fuel.
Section 3d. The Selectmen shall not draw for money from the Treasury for the Schools in any district
when the School Committee shall certify to the Selectmen that such districts refused or neglected to
comply with the requisitions of the Schools, established by the School Committee.
Section 4. The Assessors, as soon as may be after the first day of May in every year, shall make a
return to the Selectmen of the number of rated polls in each of the School Districts.
Voted. That the foregoing regulations as amended from the report of A. N. Clark, E. Pousland and
J. I. Baker the Committee who reported the same, be hereby adopted, and that all regulations, orders
votes and usages of this Town so far as they are inconsistent with the said regulations be hereby
repealed, reconsidered, annulled and abolished.
Voted. That said Committee cause such number of said regulations to be printed in pamphlet form
in connection with the Bylaws of the Town as they think proper, and cause the same to be distributed
among the inhabitants of the Town. The Selectmen to draw on the Treasurer for the expense thereof.
The following list of Jurors was accepted by the Town as reported by the Selectmen - John I. Baker,
Ezra Batchelder, Jonathan Batchelder, John Bell, Cotton Bennett, Augustus N. Clark, Henry Clark,
Ezra Cleaves, James Creesy, Daniel Cross, William D. Crosfield, John Curtis, Alpheus Davis, Samuel
Dike, Seth Dodge, Wm. F. Dodge, Ebenezer Ellingwood, Samuel Endicott, William Endicott,
Elbridge Fisk, Daniel Foster, Israel Foster 2d, Seth Friend, Isaac Galoux, Robert Goodwin, William
Gray, James Haskell, Perkins Haskell, Daniel Hildreth, Paul Hildreth, Hezekiah Knowlton, George
Lamson, William Lamson, Isaac R. Lovett, Jonathan H. Lovett Jr., Joshua Lovett, Josiah Lovett 2d,
Wm. B. Lovett, Wm. H. Lovett, Samuel Lummus, John Meacom, John Morgan, Augustus Moulton,
Stephen Nourse, Andrew Ober, John Ober, Charles Perry, Jefferson Perry, John Pickett, John Porter
2d, Edward Pousland, Benjamin Preston Jr., Peter Pride, Edward J. Preston, William Putnam 2d,
John P. Roundy, John Safford, Jesse Sheldon, Samuel Smith, Thomas B. Smith, Andrew W. Standley,
Wells Standley, Charles Stephens, Edward Stone, Olphent Tittle, Israel Trask, Israel Trask 2d,
Jeremiah Trask, Calvin Trask, John Tuck 2d, Israel Wallis, Francis Woodberry, Josiah Woodberry,
Joseph Woodberry 3d, Josiah Woodberry, Samuel Woodber a ry 2d, Tristram Woodberry. “By the
Selectmen.” 78 or 1 to be her 4686.
The Selectmen recommend looking up the locations of the several roads and having the same
recorded, the town
Voted. To authorize the Selectmen to cause the same to be done at the expense of the town. E.
Harris bill to be paid. W. Thissell not to be.
Voted. That this meeting be dissolved, which was so declared to be. J. I. Baker, Town Clerk