Town records of 1848

Page 332.

Bristol S. S.. To either of the Constables of the Town of Westport in said county. Greeting.

In the name of the Commonwealth of Massachusetts, you are directed to notify the Inhabitants of the Town of Westport qualified to vote in elections, and in Town Affairs, to meet at the Town House in said Town, on Monday the third day of April next, at ten o’clock in the forenoon then and there to act on the following articles; viz..

1st. To choose a moderator to preside in said meeting.

2nd. To choose all necessary Town officers for the year ensuing.

3rd. To hear the report of the Selectmen, auditing committee, committee on Town landings, and Town agents, and act thereon.

4th. To raise such sums of money as may be necessary to defray Town charges the year ensuing, and make appropriations of the same.

5th. To raise a sum of money for the support of schools, and determine the manner of its appropriations.

6th. To determine the manner of repairing the Highways, Town ways, and bridges, the year ensuing.

7th. To bring in their votes for County Treasurer.

8th. To see if the Town will authorize the Treasurer to renew some notes that are standing against the Town.

9 th.To know the minds of the Town in regard to the property belonging to Jeremiah Mayhew.

And you are directed to serve this Warrant by posting up attested copies thereof, at three or more public places in said Town, 10 days at least before the time of holding said meeting.

Hereof fail not and made due return of this Warrant with your two doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid. Given under our hands, this 21st day of March 1848.

Westport 3 mo 29th, 1848 signed Frederick Brownell, Perry Davis, Selectmen of Westport.

Pursuant to the within Warrant I have notified the Inhabitants of the said Town of Westport, by posting notifications at three public places in the Town, for to meet at the time and place and for the within mentioned purposes. Signed Jireh Brownell Constable of Westport

4 mo 3 1848

page 333.

At a legal meeting of the Inhabitants of the Town of Westport, held at the Town House in said Town on Monday the third day of April A.D. 1840 . Agreeable to the foregoing Warrant, and for the purposes therein expressed, the following named persons were chosen and votes passed. Viz..

For Moderator Nathan C. Brownell Esq..

For Town Clerk Peleg W. Peckham sworn.

For Selectmen Frederick Brownell sworn, Perry Davis sworn, George H. Gifford sworn.

Voted. That each school district choose their own Prudential Committee.

Voted. To choose three General School committee men.

For General School committee, George F. S. White, Benjamin B. Sisson, Edward S. Gifford.

The General School committee report was read in open Town meeting by Israel Washbourn one of the committee. And it was voted to accept said report.

Voted. That when we adjourn that we adjourn to Monday April 10th A.D. 1848.

Alexander Hicks, chosen Prudential committee; for school district No. 5 by said district for the year ensuing.

Voted that the Town Treasurer be directed to payout of monies not otherwise appropriated the sum of fifty dollars to Fletcher Webster Esq. in full compensation, for his services as attorney before the Legislative committee upon the boundary, between Rhode Island and Massachusetts.

Voted. 1848 April 10th.

That the above vote be adopted.

Voted. That the treasurer be collector of taxes the year ensuing.

Voted. That Peleg W. Peckham B. Treasurer and Collector the year ensuing and to have two percent on what money he collects of taxes and pays into the treasury.

Page 334.

Commonwealth of Massachusetts.

County of Bristol.

Certificate of votes for County Treasurer.

At a legal meeting of the qualified voters, being Inhabitants of the Town of Westport, holden in said Town on Monday the third day of April in the year of our Lord eighteen hunderd and forty the qualified voters aforesaid gave in their votes for County Treasurer for the County of Bristol. The whole number of votes given in was ordered, and counted, in open Town meeting, by the moderator and Town Clerk, and were for the following persons viz.,

For Edmund Anthony seventy nine votes 79.

For James P.Ellis forty six votes 46.

For Hodges Reed fifteen votes 15.

For G. E. Brownell one vote 1.

Dated at Westport the third day of April A.D. 1848.

Recorded by me P. W. Peckham Town Clerk.

Voted. To adjourn–as before stated.

Monday April 10th. A.D. 1840 , agreeable to adjournment from the first Monday in said month the Inhabitants of said Town of Westport met accordingly, and the following officers were chosen and votes passed viz.:

The Selectmen and auditing committee made their report, and caused five hundred coppies of the same to be printed, in phamplet form, and distributed among the Inhabitants of said Town.

Voted. Sworn. That the Selectmen be Assessors the year ensuing.

Voted. That Nathan C. Brownell Esq., Christopher A. Church, and Benjamin B. Sisson Esq. be a committe to draft by laws, and regulations, of all the Town and Public landings, in the Town of Westport.

4th mo 10th 1848

Page 335.

Stephen Howland, Obediah Lawton, and Frederick Brownell were chosen overseers of the Poor for the year ensuing.

Sealer of weights and measures .Isaac Francis chosen for the year ensuing sworn.

Voted. That the Treasurer of the Town of Westport, is hereby authorized, and directed, to conform strictly to the requirements of the law; passed April 23rd, 1847, in regard to furnishing the Town standards of weights, measures, and balances.

Surveyors of Highways.

Thomas W. Wood sworn, David Lawton sworn, Abraham C. White sworn, Lemuel Rud Jr. sworn, Charles Sisson , Gideon W. Tripp, Paul Fisher, Isaac Francis sworn, Daniel Wing sworn, Pardon Shearman sworn, Philip Sanford sworn, Nathan C.Brownell sworn, Robert Potter sworn, Benjamin Tripp sworn, Eben Baker engaged, Willard Reed sworn, Anthony Shearman sworn, Thomas B. Gifford, Stephen Howland sworn, John R. Baker engaged, Philip T. Chase sworn, Perry Davis sworn, Abraham Manchester sworn, Moses Macomber, John Gifford, Leonard Macomber engaged, George T. Wood sworn, Stephen P. Kirby sworn, John Sanford, James Manchester sworn, James H. Shearman sworn, Nathaniel Tripp captain sworn, Jared Chase sworn, Nathaniel Kirby sworn, Stephen Allen engaged, Humphrey W. Snell sworn.

Field drivers.

Willard Reed sworn, George R. Pierce sworn, Jonathan Pierce junior sworn, Gideon B. Sabins sworn, William Brownell, Thomas E. Tripp sworn, Israel Washbourn sworn, Abraham Gifford.

Fence Viewers

Adam Gifford, Jonathan Davis sworn, Nathan C. Brownell sworn, Lemuel Brownell sworn.

Constables

Isaac Francis sworn, Jireh Brownell sworn, Jonathan Pierce junior sworn.

Jonathan Pierce junior agrees to do all the towns business as Constable for $5.000 for the year ensuing.

Page 336.

Surveyors of Lumber and Measurers of Wood and Bark.

David Sanford sworn, Stephen Howland, Jeremiah T. Thompson, Perry Davis sworn, John Allen, David Lawton sworn, Frederick Brownell, Russell Gifford 2nd, Isaac Francis sworn, Varnum Macomber, George H. Gifford sworn, Raymond Lawrence.

Isaac Francis sworn, Sealer of Weights, Measures and Balances.

Pound keeper Ezra P. Brownell.

Voted. That the General School Committee be authorized to draw on the Treasury for what money is appropriated for Public free schools, when it shall have been expended according to law-the year ensuing.

Voted. To raise the sum of $1500. By way of tax, also the money which is received this year from the state school fund; and this year’s interest, on the money loaned the County of Bristol, for support of Public free schools the year ensuing; said money to be equally divided between all the school districts, in said Town; and no money to be paid to any school district, until it shall have been expended in said district for the aforesaid schools, and a certificate received by the Treasurer, from the General School Committee, certifying the same.

Voted. That the sum of $1000. Be assessed on the polls and estates of the Inhabitants and nonresident proprietors, of the Town of Westport, for repairing the Highways, and bridges, the year ensuing. And the Assessors are directed, to assess, said sum, as soon as may be and deliver a list thereof with the persons names, and the sums they are assessed, to each surveyor with his limits according to law; that one dollar be allowed for nine hours labour for a man and yoke of oxen, thirty three cents for a plow, and twenty five cents for a cart, and in that proportion for greater or less time, and that said surveyor is directed to expend said money, and make his returns to the Selectmen according to law.

1847.

Page 337.

Voted. That the sum of two thousand dollars be raised by way of tax, on the polls and estates of the Inhabitants and nonresident proprietors, of the Town of Westport, for the support of Paupers and other incidental expenses of the Town, to be assessed, collected, and paid in to the Town Treasurer, on or before the first day of March next, and the assessors are directed to assess, said sum in the way and manner provided, by law, and deliver lists thereof to the collector as soon as may be.

Voted. To adjourn this meeting to Saturday, may thirteenth 1848 at two o’clock in the afternoon.

Recorded by me P. W. Peckham Town Clerk.

Bristol S. S..

To Jireh Brownell Constable of the Town of Westport. Greeting.

In the name of the Commonwealth of Massachusetts, you are directed to notify the Inhabitants of the Town of Westport, qualified to vote in Town affairs, to meet at the Town House in said Town, on Monday the tenth day of April instant at 1 o’clock p.m.. Then and there to act on the following articles viz..

First. To choose a Moderator.

Second. To see if the Town will so alter the line between school district No. 2 and three that Ellis Brightman may be within the limits of school district No. 2.

And you are directed to serve this Warrant by posting up notices of the time place and

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Purpose of meeting, at two or more public places in said Town five days at least before said time of meeting.

Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk at the time and place of meeting.

Given under our hands, this fifth day of April in the year 1848.

Signed F. Brownell, Perry Davis, George H. Gifford, Selectmen of Westport.

Pursuant to the within Warrant I have notified the Inhabitants of the Town of Westport as therein directed for to meet at the time and place, and for the purposes therein mentioned-Westport 4th month 1848.

Signed Jireh Brownell, Constable.

Voted. To grant the prayers of Ellis Brightman as set forth in the foregoing Warrant.

Recorded by me P. W. Peckham Town Clerk.

Bristol S. S.. April 15, 1848. Then personally appeared Thomas E. Tripp and made oath to the faithful discharge of the duties of field driver for the year ensuing ,before me George H. Gifford, Justice of the Peace.

Bristol S. S..

April 18th 1848. Then personally appeared Gideon B.Sabins and made Oath to the faithful discharge of the duties of field driver in Westport for the year ensuing

before me-George H. Gifford Justice of the peace.

Little Compton April 18th, 1848. This certifies that James Manchester personally appeared and took the oath required by law, as surveyor of a highway in Westport South from L. Compton

.Before me Ephraim W. Brownell, Justice of the peace.

Recorded by me P. W. Peckham Town Clerk

5th.mo 13th 1848.

page 339.

Voted. That the assessors when they deliver the tax bills to the Collector, shall give notice thereof, by posting up notices at six public places in said Town, that those who voluntarily pay their tax within 60 days, from the date of said notice, shall be entitled to an abatement of five percent from their tax, after sixty and within one hundred and twenty days three percent, and that the collector shall meet the Inhabitants for the purpose of receiving taxes, at the bridge Westport Point ,at the head of Westport River East Branch at some convenient times, which shall be named in the assessors or collector’s Warrant or notice within the sixty days and also within the 120 days.

Voted. Not to choose Town Agents.

Voted. That the Treasurer be, and hereby is, authorized to renew three notes, now standing against the Town of Westport, viz..

one payable to Frederick Allen, and the other two made payable to Thomas J. Allen.

The committee appointed at our last meeting to prepare a code of by laws and regulations, for the preservation of the public and Town landings in Westport made their report in writing-and it was voted by the Inhabitants of said Town, to be accepted and directed one of the committee C. A. Church to present said report to the next Court of Common pleas to be Holden at new Bedford, for the approval of the same, and when approved, will be recorded in this book.

Voted. That the financial year end on the first day of March annually.

Voted. To adjourn this meeting to Saturday june the 24th A.D. 1848 at 2. oclock in the afternoon.

Voted. That the Selectmen be and hereby are directed to keep a correct account of the financial affairs of the Town also to settle with the Treasurer, and cause their annual report to be printed and prepared in pamphlet form and signed to

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by the Selectmen and counter signed by the Treasurer and distributed to the Inhabitants of said Town previous to our annual Town meeting in April next.

Agreeable to law made and provided in such cases the subscribers Selectmen of the Town of Westport

submit to the Inhabitants of said Town, the following report, of the places where guide posts have been erected ,we can hardly say maintained, within the Town; No. 1 near Ruben Mosher’s, No. 2. At the town house-No. 3. near George H. Gifford’s, No. 4. near Edmond Wodell’s, No. 5. At Johnathan Davis-No. 6 at widow Wodell’s corner.

And at the following places, in their opinion they ought to be erected and maintained one at Brownell’s corner-one at the corner opposite of Stephen Howland’s, one at the corner near George Kirby’s, one at the four corners nearJames H. Handy’s.

Westport made 13th 1848 signed F. Brownell, George H. Gifford, Perry Davis.

Voted that the Selectmen be directed to erect guide posts at the above described places.

Bristol S. S.. To either of the constables of the Town of Westport, in the County of Bristol. Greeting.

In the name of the Commonwealth of Massachusetts, you are directed to notify the Inhabitants of the Town of Westport, qualified to vote in Town affairs, to meet at the townhouse in said Westport on Saturday the 13th day of may next at three oclock in the afternoon then in there to act on the following articles; viz..

First. To choose a moderator to preside in said meeting.

Second. To see if the Town will authorize the Selectmen to erect a pound near the center or north part of the Town, and purchase land for the same if necessary

5th mo.13th 1848.

Page 341.

3rd. To see what the Town will do in relation to William Wood and Mase L.Gifford.

And you are directed to serve this Warrant by posting up attested copies thereof at three or more public places in the said Town fourteen days at the least before the time for holding said meeting.

Hereof fail not and make due return of this Warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid.

Given under our hands this fifteenth day of April in the year of our Lord one thousand eight hundred and forty eight.

Signed Frederick Brownell, George H. Gifford, Perry Davis, Selectmen of Westport.

Pursuant to the within Warrant I have notified the Inhabitants of the Town of Westport as therein directed, for to meet at the time and place and for the purposes therein mentioned.

Westport April the 29th, 1848.

Jonathan Pierce Jr. Constable.

!st. Benjamin B. Sisson chosen Moderator.

2nd. Voted not to authorize the Selectmen to erect a Pound as aforesaid.

3rd. Voted to refer the affairs in relation to William Wood to the overseers of the Poor, and report at our next adjourned meeting.

adjourned without day –

Recorded by me P. W. Peckham Town Clerk.

Page 342.

Annual return of the names of all the persons enrolled in the militia, in the Town of Westport for the year 1848, the whole number enrolled being three hundred and forty four -344.

Allen Frederick, Allen Frederick William G., Allen Thomas Jr., Allen Samuel G., Allen Timothy G., Allen James, Allen John, Anthony John L., Allen Charles, Allen Cornelius T., Albert Perry, Allen Abner, Allen Thomas J., Allen Daniel, Anthony Isaac A.,Adams John W., Allen Israel H., Allen Gideon,

Butts George, Brownell Alexander, Brownell George, Bradley David L., Brightman John H., Brightman Elias. P., Brightman Leander, Brightman Elihu, Brightman John, Brownell Andrew, Brownell Ezra P., Brownell Isaac L., Brightman Sanford second, Brownell Jabez, Brownell Daniel, Brownell James, Bailey Oliver, Brightman Isaac L., Brightman Charles, Brownell Uriah, Booth Isaac, Booth Square, Brown Sailsbury, Briggs George, Bessee Peter S., Bassett Joseph S., Brightman Restcom, Brightman Leonard, Bennett Adam, Borden Holder, Baker Thomas W., Brownell James H., Brownell Giles E., to Briggs Peleg P., Brownell George A., Brownell Philip H., Brownell George T., Bradley William, Brownell Frederick W., Baker John R., Borden John

Chace William, Cornell William H., Cornell James, Cornell Stephen J., Cornell Job, Crapo George B., Chace Jerod,

1848.

Page 343.

Cornell Joshua H., Cornell Jacob, Cornell George S., Crossman Frederick, Craw Charles, Chace Thomas J., Crapo Daniel, Chace Gideon R., Cory Alexander H., Coggshall Stephen,

Dyer Abraham, Davis Thomas W., Davis Walter, Devol Benjamin, Dyer Warren, Davis Allen, Davis Edmund, Devol John, David Devol second, Devol Philip H., Devol Jonathan, Dean John, Davis Peter, Davis Andrew, Devol Edward, Devol George, Devol William, Davis Abiel, Devol James,

Easton Dennison M., Freelove Clark Jr., Fuller Benjamin, Farnum George, Freelove Barnea, Fisher Paul, Fish Isaac L., Freelove Joseph,

Gifford George H., Gifford Christopher, Gifford Richard L., Grinnell William, Gifford Alexander B., Gifford Charles, Gifford Peleg H., Gifford Edwin B., Gifford John second, Gifford Elihu B., Gifford Jonathan P., Gifford Westin, Gifford Philip, Gifford Thomas B., Gifford Charles F., Gifford Joshua W., Gifford Alfred, Gifford Albert A., Gifford Benjamin R., Gifford Frederick, Gifford Philander, Gifford Elija Jr., Gifford William second, Gifford Gideon D., Gifford Samuel F., Gidley Frederick, Gifford Christopher R., Gifford Franklin, Gifford Christopher C., Gifford Thomas W., Gifford Peleg C., Gifford William H., Gifford William H. 2d, the Gifford John Tasker, Gifford Andrew,.

Page 344.

Hicks Alexander, Hicks Isaac, Hicks William B., Hicks Reuben C., Hazard Oliver J., Holland Zoeth, Howland William P., Howland Stephen K., Howland Alexander, Howland Benjamin, Handy William W., Hathaway Charles H., Howland Isaac, Holland Stephen R., Howland William, Holman Peleg C.,

Kirby Perry, Kirby Nathaniel, Kirby Tillinghast, Kirby Edmond, Kirby Stephen P., Kirby Harvey W., Kirby Abner, King Alfred, King Godfrey, Kirby George W., Kirby Uriah,

Lawton Abraham, Lawton Terry, Lawton Isaac, Lawton David, Lawton Edwin, Lawton Robert, Lawton Gideon, Lawton Eli, Little Preserved, Lawrence Andrew, Little Charles

Mosher Lorenzo D., Manchester Abraham E., Manchester Barton D., Manchester Wilbour, Manchester Borden, Macomber Alexander H., Macomber Simeon Jr., Macomber Israel, Macomber John, Macomber John D., Macomber Abraham, Macomber Alexander, Macomber Restcom, Manchester Wanton, Mosher Luthurn, Manchester George L., Manchester James W., Manchester William W., Manchester Otis, Mosher Daniel, Mosher John, Mosher Robert, Macomber Ezra, Macomber Andrew, Macomber Zebedee B., Macomber Orrin, Macomber Richard, Macomber Ezra second, Moses Macomber, Mosher Joseph Jr., Manchester Charles, Macomber Richmond, Nye Isaiah T., Nooning Jonathan

1848.

Page 345.

Negus John P.,

Pike Perry, Potter Charles, Potter Frederick P., Potter Abner, Potter Pardon C., Potter Abner second, Pettey Potter, Pettey John T., Pettey Isaac, Pettey Abner T., Pettey Holder, Pettey Pardon second, Pierce Jonathan Jr., Peckham Jacob, Pettey Edward B., Potter Isaac P., Pierce George, Perry John, Peckham Edward

Records Holder, Reed Willard, Reed Calib, Reed Henry, Reynolds Malachi,

Sabins Stephen, Sowle Oliver, Sowle Charles P., Sowle Benjamin, Shearman James H., Shearman Justus,

Shearman Peleg, Slocum Andrew, Slocum David E., Sowle Russell, Sanford Silas B., Sanford Caleb B., Sisson Urial, Sisson Charles, Sisson Gideon, Sowle John, Snell Humphrey W., Shearman Wilson, Shearman Thomas, Sanford David Jr., Sanford Peleg L., Sanford, Sabins William H., Sabins Gideon B., Shearman Kempton, Shearman Anthony, Simmons Reuben, Sabins Weston C., Sisson Alden T., Sisson Stephen, Sowle John, Sowle Henry Jr., Shaw Benjamin T., Seabury Albert, Snell Daniel D., Sowle William, Sisson George, Sanford Philip, Simmons Eben, Seabury John, Sowle Able Jr., Shearman Abner, Simmons George W., Sisson John,

Tripp Horace N, Tripp Clark, Tripp Benjamin T.,

page 346.

Tripp James F., Tripp Nathaniel, Tripp William R., Tripp Samuel, Tripp Benjamin P., Tripp Nathaniel second, Tripp Holder, Tripp David R., Tripp Ivory, Tripp Luthurn K., Tripp Stephen Jr., Tripp John M., Tabor William, Tripp Howland, Tripp Francis, Tripp Abner D., Tripp John G, Tripp Jeremiah D., Tripp Joseph H., Tripp Uriah B., Thompson Joseph, Thompson Jeremiah T., Tripp Alden, Tripp Howard P., Tripp Edmund Jr., Tripp Jonathan, Tripp Eli, Tripp Emanuel G. K. K., Taylor William, Tripp Jonathan second, Tabor Joseph, Tripp Ellis, Tripp Charles, Tripp Daniel Jr., White Abraham C., White George F. S., White Peleg S., Wing George W., White George B., Wood George F., Wood Alexander, Wood Nathan W., Wood Lawton, Wodell Gershum, Wodell Elcanah, Whalen John R., Whalen James M., Waite Reuben, Waite Daniel H., Wayne John P., White Holder Jr., Wing Ezra, Winchester Nathaniel W., Wodell Edmund, Wodell Richard, Wing Frederick A., Wilcox Bradford, Wodell Jethro , Wodell Humphrey.

George H. Gifford, Perry Davis, Assessors of Westport.

1848 may 31st mailed a copy of foregoing names and directed the same to the adjutant General Office Boston.

Whole number of names enrolled is 344..

Recorded by me P. W. Peckham Town Clerk

6 mo.24th. 1848.

Page 347.

At a legal meeting of the Inhabitants of the Town of Westport,, holden on Saturday the 24th day of June A.D. 1848, being an adjournment from Saturday the 13th day of May 1848, the following business was transacted and officers chosen viz.

Voted. That Nathan Wood be Pound keeper for the year ensuing, (said Wood declined serving)-.

Voted. That the Selectmen be instructed to appoint a Pound keeper whenever they think it necessary.

Voted. That the overseers of the Poor have discresinary power, to do what they think will be for the best, in relation to property belonging to Jeremiah Mayhew who is now in our Alms house, Insene.

Christopher A. Church being chosen at our last meeting to present a code of By-laws to the court of Common Pleas for their acceptance.

Said Church has this day made his report to this meeting by presenting, the act passed by our legislature, and also the By-laws, with the acceptance of the court on the same.

In accordance with said bylaws in section 1st.. The Inhabitants of said Town shall at their annual meeting, in March or April, in each year, Choose four persons, who with the Treasurer of of the Town for the time being, shall constitute a Board of Commissioners, of the public and Town landing places. Therein, who shall be sworn to the faithful discharge of their duties; and the following persons were chosen viz..

George H. Gifford, Henry B.Gifford, William P. Howland, and Varnum Macomber, and were sworn to the faithful discharge of their duties.

Adjourned without day.

The following is a true record of the act from our legislature, and by-laws of the Town.

page 348.

Commonwealth of Massachusetts.

In the year one thousand eight hundred and forty eight.

An act for the regulation of the Public and Town Landing places in the Town of Westport.

Be it enacted by the Senate and House of cap representatives in General Court assembled and by the authority of the same-as follows; Section 1. The inhabitants of the Town of Westport shall have jurisdiction over the Public and Town landings therein, with power to govern controll and regulate them in such manner as wil keep them free from incumbrances, and for that, and other purposes mentioned in this act, said Town shall at their annual meeting in March, or April, in each year choose all necessary officers, and agents, and make such by-laws, and adopt such rules and regulations not inconsistent with the laws of this Commonwealth as they shall deem proper to carry into effect the provisions of this act. Section 2. Said Town shall have power to lease for a term of not exceeding five years, such portions of said landings as are not needed for public use, and for purposes not inconsistent with the provisions of

this act; and all moneys collected by virtue of this act shall be appropriated to pay the expenses of superintending said landings, and in making such repairs, alterations and improvements, thereon as may be necessary; and the said Town shall so far as is practicable, ascertain the true boundaries of said landings, and erect and keep suitable monuments to designate the same. Section 3. In all cases where the boundaries of said landings cannot be satisfactorily ascertained, and the rights of the public be defined therein, or where buildings have been erected which stand in part on such landings, the said Town is empowered to make such compromises, agreements and conveyance as shall be necessary or expedient in the premises, to determine the extent and boundaries of such

1848.

Page 349.

landings,and to adjust and settle all differences in relation thereto;and all sales contracts and agreements,heretofore made by said Town relative to said landings,not inconsistent with the interests of the Public therein;are hereby ratified and confirmed.Section 4th.

said Town may enforce any bargain,agreements rules and regulations made from time to time cosistent with the foregoing provisions by action in any court of law competent totry the same.Section 5th. This act shall take effect from and after its passage.

House of representatives April 20th, 1848.

Passed to be enacted Francis B. Crownwinshield . Speaker.

In Sennate April 21st 1848.

Passed to be enacted to Zeno Scudder. President.

April 21st 1848.

Approved the George N. Briggs.

Secretary’s office Boston April 261848.

I certify the foregoing to be a true copy of the original act.

W. B. Calhoun. Secretary.

By-laws. For the government and regulation of the Public and Town landing places in the Town of Westport.

Section 1st. The inhabitants of said Town shall at their annual meeting in March or April in each year choose four persons who with the treasurer of the Town for the time being, shall constitute a Board of Commissioners of the public and Town landing places therein, and who shall be sworn to the faithful discharge of their duties; and the said commissioners shall make a report of their doings to the annual meeting of the Town with a statement of the financial condition of the board, which shall be signed by the chairman and counter signed by the treasurer. Section 2. The said Board of Commissioners shall appoint

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From their number a clerk who shall keep true records of their doings and have the custody of all the papers pertaining to said landings.

Section 3. The treasurer of the Town shall collect take charge of and disburse under the direction of the Board all monies payable on account of said landings from any person.

Section 4th. This said Board of Commissioners shall take charge of all public and Town landing places in said Town, and ascertain so far as practicable the true boundaries of said landings, and establish suitable monuments to designate the same; and if such boundaries cannot be accurately ascertained, or where buildings stand in part on said landings said commissioners are hereby empowered in behalf of said Town to make such compromises, agreements and conveyances, or take such other legal measures as shall be necessary or expedient in the premises to determine the extent and boundaries of said landings, adjust all differences in relation thereto.

Section 5th. Said board of commissioners may for such consideration as they shall judge proper, and for terms not exceeding five years, lease such portions of said landings as are not needed for public use and for purposes not inconsistent with public or private rights, or with the provisions of an act for regulation of the public and Town landing places in the Town of Westport passed in the year one thousand eight hundred and forty eight; and said commissioners shall cause to be removed from said landing places all incumberances thereon.

Section 6th. All rents and other monies accruing from said landing places, shall be appropriated by said commissioners to the payment of the expenses of supeintending the same and in making such repairs, alterations and improvements thereon as they shall deem necessary-the monies collected at each landing being expended on said landing place so far as necessary-and for the purposes of this section the landings at the head

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Of the East River shall be considered as one landing.

Section 7th. Said commissioners are hereby empowered to make such agreements, as they shall judge expedient with any person to decorate with trees shrubery, or otherwise, such portions of said landings as shall not in their judgment be needed for landing purposes, and to layout the same with appropriate walks provided the same shall be done without expense to said Town and under the direction of said commissioners; and upon making such agreements, the said commissioners are to make such covernants on the part of the Town, that such grounds so improved, shall be permanently kept open for the use of the public, as shall not be inconsistent with law, or the provisions of the act aforesaid.

Section 8. If any person shall hereafter put upon any portion of such landings, any building, and suffer the same to remain thereon, more than 48 hours without license therefore first had from said commissioneers or major part of them in writing, he shall forfeit and pay the sum of one dollar for every 24 hours, that said buildings shall suffer to remain thereon after the expiration of said 48 hours.

Section 9th . If any person shall hereafter inclose or cost of be inclosed with fence or otherwise any portion, of said landings, and keep the same inclosed more than one week, without license therefore, first had from said commissioners, or a major part of them in writing, he shall forfeit and pay a sum not exceeding one dollar for every twenty four hours that such fence or inclosure shall be kept up after the expiration of one week.

Section 10th. If any person shall place or cause to be placed, any article on said landings, deemed by said Commissioners to be an incomberance, and shall neglect or refuse to remove the same from said landings within 24 hours, after notice in writing so to do, by said commissioners or a major part of them; he shall forfeit and pay a sum not exceeding one dollar for every 24 hours that said article shall be suffered to

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Remain after such notice.

Section 11th. If any person shall carry any soil sods or stone, from said landings without the written consent of said Commissioners, or a major part of them, he shall forfeit and pay a sum not exceeding five dollars for each load so taken.

Section 12th. And all of the forfeitures aforesaid maybe recovered to the use of said Town by complaint before any police court or justice of the peace who shall have jurisdiction thereof.

Bristol S. S.. C,C,Pleas, June term, 1848.

Examined and approved G.Y. Bigelow T.C.C. Pleas.

Recorded by me P.W .Peckham Town clerk.

At a legal meeting of the inhabitants of the Town of Westport, holden on Saturday the 13th. day of May 1848, being an adjournment from Monday the 10th.day of April, the foregoing bylaws were adopted by the Town, and Christopher A. Church was appointed to present the same to the Court of Common Pleas for the approval of the same.

Signed P.W. Peckham Town clerk

1848.

Page 353.

To the Town clerk of Westport.

The subscribers assessors of said Town of Westport have determined that the real estate of James Brownell, Jonathan Brownell, William A. Brown, Ebenezer P. Church, John Dyer, Nathaniel Gifford, Robin Gifford, Philip Simmons, Benjamin Seabury Jr., Peleg Sanford, Thomas G. Tompkins, James H. Tabor, Nathaniel Tompkins, John Washbourn and Job Manchester all of little Compton in the state of Rhode Island,-Samuel Burroughs of New Bedford and Samuel Sanford of Boston-situate in said Town of Westport, shall be taxed in school district No. 1. Which you will please record. june 17th 1848.

Signed F. Brownell, George H. Gifford, Perry Davis.

Recorded by me P. W. Peckham Town clerk.

Know all men by these presents that the subscribers Selectmen of the Town of Westport by virtue of the law, passed twenty first eighteen hundred and forty eight, by the legislature of the Commonwealth of Massachusetts do hereby grant a license to Daniel Tripp of said Town of Westport to plant, grow and dig oysters upon and in the flats and Creeks, in the East River in said Town within the following bounds viz.. Southerly by the north side of said Tripp’s Wharf, easterly by the east side of the Creek or little channell, Northerly by the north line of said Tripp’s land, to have and to hold the said flats and Creek for the purpose aforesaid, to him and to his heirs for the term of twenty years from the date hereof.

Given under our hands at Westport aforesaid this twenty seventh day of october eighteen hundred and forty eight.

Westport October 30th 1848-received and recorded this day by me P. W. Peckham Town clerk.

Signed Frederick Brownell, George H. Gifford, Perry Davis

page 354.

To either of the Constables of the Town of Westport in the County of Bristol. Greeting.

In the name of the Commonwealth of Massachusetts, you are required to notify and warn the inhabitants of the Town of Westport, qualified to vote in elections, to meet at the Town House in said Town, on tuesday the seventh day of November next, at ten in the forenoon, to bring in their votes to the Selectmen, for 12 electors, of President and Vice President, of the United States for four years from the fourth day of March next.

And you are directed to serve this warrant by posting attested copies thereof at three or more Public places, in said Town. Seven days at least before the time of holding meeting.

Hereof fail not and make due return of this warrant with your doings there is on to ourselves, at the time and place of meeting aforesaid.

Given under our hands this twenty seventh day of october in the year eighteen hundred and forty eight.

Signed Frederick Brownell, George H. Gifford, Perry Davis, Selectmen of Westport.

Bristol S. S.. Westport October 27th,1848. Pursuant to the within warrant I have notified the Inhabitants of said Town, to meet at the time and place, and for the purposes within mentioned by causing copies of this warrant, to be posted up, one at the Point, one at the Town House, and one at the head of Westport River, seven days prior to the date hereof.

Signed Jonathan Pierce constable

page 355.

At a legal meeting of the Inhabitants of the Town of Westport in the county of Bristol, qualified according to the Constitution to vote for representatives in the General Court, Holden on the seventh day of November one thousand eight hundred and forty eight, it being the first tuesday after the first Monday in said month. For the purpose of giving in their votes for electors of President and Vice President of the United States, the whole number of ballots given in; Was three hundred and five 305.

And were sorted, counted and declared, and record thereof made in open Town meeting, as by the law directed; and said votes were as follows; viz..

For Electors at large-.

Charles G. Green of Boston, seventy three votes 73.

Henry H. Childs of Pittsfield seventy three votes 73.

Levi Lincoln of Worcester one hundred and two 102.

Edward Devight of Boston one hundred and two 102.

Samuel Hoar of Boston one hundred and thirty 130.

William Jackson of Newton one hundred and thirty 130.

District.No. 1.

James Cheever of Boston, seventy three 73.

Albert Fearing of Boston, one hundred and two 102.

Joseph Willard of Boston, one hundred and thirty 130.

District 2.

Ebenezer H. Stacy of Gloucester seventy three 73.

David Pingree of Salem one hundred and two 102.

John B. Alley of Lynn one hundred and thirty 130.

District 3.

Edwin Lawrence, of Newburyport seventy three 73.

Daniel Adams, of Newbury one hundred and two 102

John G. Whittier, of Amesbury one hundred and thirty 130

District 4.

Timothy Fletcher of Charlestown seventy three 73.

Isaac Livermore, of Cambridge one hundred and two 102.

Nathan Brooks, of Concord one hundred and thirty 130.

district 5.

J. L. C. Knolton of Worcester seventy three 73.

Benjamin T. Thompson of Worcester 102.

Alex De Witt of Worcester one hundred and thirty 130.

District 6.

Joseph Smith of Hatfield seventy three 73.

Myron Lawrence of Belchertown one hundred and two 102.

Page 356

James Fowler of Westfield one hundred and thirty 130.

District 7.

Samuel Gates of Westockbridge seventy three 73

Asa Howland of Conway one hundred and two 102.

Thomas Robinson of Adams one hundred and thirty 130.

District 8.

William Ellis of Dedham seventy three 73.

Henry A. S. Dearborn of Roxbury one hundred and two 102.

Benjamin V. French of Braintree one hundred and thirty 130.

District 9.

Foster Hooper of Fall River seventy three 73.

William Baylies of West Bridgewater one hundred and three 103.

Philo Leach of Bridgewater one hundred and thirty 130.

District 10.

James B. Thompson of New Bedford seventy three 73.

William R. Easton of Nantucket one hundred and two 102.

Isaac C. Tabor of New Bedford one hundred and thirty 130.

Recorded by me P. W. Peckham Town clerk.

To either of the Constables of the Town of Westport in the county of Bristol. Greeting.

In the name of the Commonwealth of Massachusetts you are required to notify and warn the Inhabitants of the Town of Westport qualified to vote in elections to meet at the Town House in said Town on Monday the thirteen day of November next, it being the second Monday of said month, at ten o’clock in the forenoon to bring in their votes to the Selectmen, for a Governor, and Lieutenant Governor, of the Commonwealth, three Senators for Bristol district, for the year ensuing, and one Representative, for the

ninth congressional district, to represent them in the Congress of the United States of America, two years from the fourth of March next, all on one ballot.

Also to bring in their votes for one representative to represent them in the next General Court.

Also at two o’clock in the afternoon to act on the following articles viz.;

1st. To choose the Moderator.

2nd. To know the minds of the Town in regards to prohibiting all persons from seining Fish in the

1848.

Page 357.

The Rivers within the Town.

3. To act on the report of the Selectmen in regards to highways.

And you are directed to serve this warrant by posting attested copies thereof at three or more Public places in said Town, 14 days at least before the time of holding said meeting.

Hereof fail not and make due return of this warrant, with your doings thereon, to ourselves at the time and place of meeting as aforesaid.

Given under our hands this twenty seventh day of october in the year one thoudand eight hu dred and forty eight.

Signed Frederick Brownell, Perry Davis, George H. Gifford, Selectmen of Westport.

Bristol S. S.. Westport November 13th, 1848.

Pursuant to the within warrant I have notified the Inhabitants of said Town, to meet at the time and place and for the purposes within mentioned, by causing copies of this warrant to be posted up one at the point, one at the Town House, and two at the head of Westport River, 14 days prior to the date hereof.

Signed Jonathan Pierce Jr. constable.

At a legal meeting of the qualified voters of the Town of Westport held at the Town House in said Town, on Monday the thirteenth day of November A.D. 1848. It being the second Monday in said month, for the purposes expressed in the foregoing warrant, votes for the following named persons were given in sorted, counted, recorded and declaration thereof made as by the Constitution directed.

Whole number of ballots was two hundred and sixty one 261.

Page 358.

For Governor.

George N. Briggs of Pittsfield had ninety five votes 95

Stephen C. Philips of Salem had eighty eight votes 88

Caleb Cushing of Newburyport had seventy eight votes 78

For Lieutenant Governor.

John Reed of Yarmouth had ninety five votes 95

John Mills of Springfield had eighty eight votes 88

Henry W. Cushman of Bernardston had seventy eight votes 78

For Senators for Bristol County.

Cromwell Leonard of Norton had ninety five votes 95

James Rider of Dartmouth had ninety five votes 95

Joseph L. of Borland of Somersett had ninety five votes 95

Rodney French of New Bedford had eighty eight votes 88

Azariah Shove of Fall River had eighty eight votes 88

Jonathan Pratt of Easton had 88 votes

Elbridge G. Morton of Fairhaven had seventy eight votes 78

Daniel Wilbur of Somerset had srventy eight votes 78

Lyman W. Dean of Attleboro had seventy eight votes 78

For Represtative to Congress, ninth district.

Orrin Fowler of Fall River ninety five votes 95

Nathaniel Morton of Taunton had eighty eight votes 88

Foster Hooper of Fall River seventy eight votes 78

For Represtative to General Court.

Andrew Hicks of Westport seventy five votes 75

George H. Gifford of Westport ninety six votes 96

Perry Davis of Westport seventy nine votes 79

Russell Gifford of Westport seven votes 7

Job Davis of Westport two votes 2

Israel Washburn of Westport one vote 1

111th mo. 13th 1848.

Page 359.

Voted. To send a Representative to our next General Court.

Voted. To close the Polls at four o’clock p.m. after that a motion was made to reconsider the above votes and that motion was carried by a vote.-then it was moved and seconded to close the polls at 3:00 p.m. and it was voted accordingly.

Voted. That when we adjourn this meeting that we adjourn.Line-dir

In the foregoing warrant there was also at 2:00 o’clock in the afternoon another meeting to be called to act on the following articles viz..

1st. to choose a moderator.

2nd. To know the minds of the Town in regard to prohibiting all persons from seining fish, in the Rivers within the Town.

3rd. To act on the report of the Selectmen in regard to highways.

Article 1st.Acted upon, Benjamin B. Sisson chosen moderator had 7 votes.

Article 2nd. acted upon, resolved, that the Selectmen of Westport be appointed a committee to petition the Legislature at its next session, for the passage of a law, to prohibit seining in the rivers, creeks and coves of Westport, within said harbour.

Voted. That the above resolve be adopted.

Selectmen’s Report of Highways.

We the subscribers Selectmen of the Town of Westport have resurveyed the Highway from the North East corner of Peleg Dennis land, Westerly to the highway leading from Brownell’s corner to Wodell’s corner (so-called) commencing at said North East corner of Dennis’ land, and running south eighty four and two thirds degrees west one hundred and ninety eight rods to a rock with a copper bolt in it, at the northwest corner of land belonging to the hairs of Restcom Borden, thence south fifty and two thirds degrees west ninety two and one half rods to an other copper bold in a rock, thence south sixty one and three fourths degrees west one hundtred thirty and

page 360.

one half rods, to a stone set in the ground on the east side of said highway, that leads from Brownell’s to Wodell’s corner, the said highway is laid out four rods wide, and the bounds and ranges are on the southerly side.

Which said resurvey is hereby reported to the Town for acceptance.

Dated at Westport this eighth day of August eighteen hundred and forty eight.

Signed Frederick Brownell, George H. Gifford, Perry Davis.

Article 3 voted to accept the above Selectmen’s report.

Voted. To adjourn this meeting without day.

Voted. To adjourn the Governors meeting as before stated.

Recorded by me P. W. Peckham Town Clerk.

11th mo. 27th 1848.

Page 361.

Bristol S. S.. To either of the Constables of Westport in the county of Bristol. Greeting.

In the name of the Commonwealth of Massachusetts, you are required to notify and warne the Inhabitants of the Town of Westport, qualified to vote in elections, to meet at the Town House in Westport on Monday the twenty seventh day of November instant, it being the fourth Monday in said month at ten o’clock in the forenoon to bring in their votes to the Selectmen, for a Representative to represent them in the General Court to be held at Boston on the first Wednesday of January next.

And also at twelve o’clock at noon to act on the following articles viz.

1st. to choose a moderator.

2nd.to see if the Town will instruct the Selectmen to petition the Legislature for the passage of a law opening the dams, or otherwise so that the alewives may have free ingress to the ponds and waters above.

And you are directed to serve this warrant by posting up attested copies thereof in two or more public places in said Town, seven days at least before the time of holding said meeting.

Hereof fail not and make due return of this warrant, with your doings thereon to ourselves at the time and place of meeting as aforesaid.

Given under our hands this thirteen day of November, in the year one thousand eight hundred and forty eight.

Signed Perry Davis, George H. Gifford, Selectmen of Westport.

Bristol S. S.. Westport November 27th,1848.

Pursuant to the within warrant I have notified the Inhabitants of said Town to meet at the time and place

and for the purposes within mentioned by causing copies of this warrant to be posted up one at the store of C. A. Church and one at the store of

Page 362.

Edwin B. Gifford, seven days prior to the date hereof.

Signed Jonathan Pierce Jr. Constable.

At a legal meeting of the Inhabitants of Westport qualified to vote for a Representative, and in town affairs, held at the Town House in said Town on Monday the twenty seventh day of November instant, it being the fourth Monday in said month, for the purposes expressed in the foregoing warrant viz..

Votes for a Representative to our next General Court were

for George H. Gifford ninety five 95.

For Perry Davis sixty six 66.

For Russell Gifford second sixty four 64.

Necessary for a choice 113, no one having that number-there was no choice-.

It was voted, to keep the polls open until 2 o’clock at 2 o’clock the Polls were closed and the result was above stated.

At 12 o’clock at noon another meeting was opened by the Town clerk, and the first and second articles acted upon.

Article 1st. George H. Gifford chosen Moderator.

Article 2nd. Voted. To instruct the Selectmen to petition the Legislature, for the passage of a Law, opening the dams, and otherwise so that the alewives may have tofree ingress to the ponds and waters above.

Voted to adjourn this meeting without day.

Voted. To adjourn the Representative meeting Line-dir

Recorded by me P. W. Peckham Town clerk

11 mo.27th 1848

12th mo.9th 1848.

Page 363.

Bristol S. S.. To either of the constables of the Town of Westport in the county of Bristol. Greeting.

In the name of the Commonwealth of Massachusetts you are directed to notify the Inhabitants of the Town of Westport qualified to vote in Town affairs to meet at the Town House in said Westport, on Saturday the ninth day of December next, at ten o’clock in the forenoon, then and there to act on the following articles. The viz..

1st.To choose a moderator to preside in said meeting.

2nd. To see if the Town will reconsider the vote that was taken on the thirteenth instant, concerning seining fish in said Town.

3rd. To act on all other matters that may come before said meeting, relative to the fishing interest.

And you are directed to serve this warrant by posting up attested copies thereof at two or more Public places in said Town seven days at least before the time of holding said meeting.

Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk at the time and place of meeting as aforesaid.

Given under our hands this twenty seventh day of November in the year one thousand eight hundred and forty eight .

Signed George H. Gifford, Perry Davis, Selectmen of Westport.

Bristol S. S. Westport December 9, 1848.

Pursuant to the within warrant I have notified the Inhabitants of said Town to meet at the time and place and for the purposes within mentioned by causing copies of this warrant to be posted up one at the point and one at the head of Westport River-seven days prior to the date hereof.

Signed Jonathan Pierce Jr. Constable

page 364.

At a legal meeting of the Inhabitants of the Town of Westport, qualified to vote in Town affairs, held at the townhouse in said Town on Saturday the ninth day of december A.D. 1848, for the purposes expressed in the foregoing warrant.

The first article taken up by the Town Klerk, and acted upon, and found that Ephraim Briggs had 18 votes and was immediately chosen Moderator said Briggs being called up, he positively declined serving as moderator of said meeting.

And George H. Gifford was then chosen Moderator to reside in said meeting.

Second article acted upon, and it was moved and seconded, that the second article, be laid upon the table, and it was voted accordingly.

Voted. To adjourn this meeting without day .

Recorded by me P.W. Peckham Town clerk.

New line report of the preambulation of the line between the Towns of Westport, and Fall River.

On the twelft day of October 1848, we the subscribers Brownell Gifford and Davis, Selectmen of the Town of Westport, and Wardwell Anthony and Earl Selectmen of the Town of Fall River, mutually agreed in appointing John R. Hodges as surveyor, under our direction, to determine the line of said Towns, and erect such monuments as the law requires. On the same day we commenced the survey, having no confidence in the compass for projecting straight lines, it was decided to determine this line with the transit instrument, and having agreed with the agents of the Town of Dartmouth, to make a straight line, from the Rhode Island line to the angle in the Dartmouth and Rhode Island line, we proceeded as follows; commencing at the intersection

page 365.

of the Rhode Island line, (on the Eastern Shore of Wattuppa Pond) to a point in the old wall known as an ancient bound, between said Westport and Fall River, we proceeded eastward by said old wall, and took up our course for a randum line, at the road, on the east side, we found a wall about four feet southerly from said randum line at a corner of a wood lot, owned by Abiel Davis, we found a heap of stones about 18 feet northerly from said random line, at the corner of Dartmouth and Westport, we found a small stone set in the wall by the agents of said Towns as their bound which was twenty two feet northerly from said

randum line, as the angle.We then agreed to make a straight line, from the intersection with the Rhode Island line, to the before mentioned stone set at the corner of the towns of Dartmouth and Westport.

We then measured the line commencing at the said intersection of the Rhode Island line, where we set a monument in the wall, easterly to the road two thousand eight hundred feet, and set a monument on the west side of said eight 04/100 feet normally at right angles from said randum line. Thence easterly seven thousand six hundred and fifty four feet, to the before mentioned corner of Dartmouth and Westport, where we placed a monument in lieu of the stone located by the agents of said Towns aforesaid all of which monuments are believed to be in a straight line.

.And we have and do hereby establish said last mentioned line as the boundary line between the two towns aforesaid.

For a better understanding of the above line reference may be had to plans accompanying the report, projected and drawn by the said John R. Hodges, each Town being supplied with a copy is subscribed by us severally.

The plans of said line is on file in town clerk’s office.

Approved and signed December 8th, A.D. 1848.

Signed Perry Davis, George H. Gifford, Frederick Brownell, Selectmen of Westport

page 366.

Signed Benjamin Wardwell, Israel Anthony, Benjamin Earl, Selectmen of Fall River.

A true copy attest P. W. Peckham Town Clerk.