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HomeMy WebLinkAbout1937-12-07122 O'Connell re property at Woburn Street. SELECTMEN'S MEETING DEC. 70, 1937. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P. M. Messrs. Giroux, Potter and Ross were present. The Clerk was also present. Mr. Giroux was elected to serve as Chairman Pro -tem in the absence of Mr. Ferguson. Mr. D. J. O'Connell appeared before the Board. He said that the Colonial Beacon Oil Co. was going to build the gasoline station at the corner of Fletcher Avenue and Woburn Street and wanted to have the lot frontage on Woburn Street 100 feet. He requested that an article be inserted in the warrant to extend the parcel of land which has been set aside for the filling station sufficiently to supply 100 feet frontage. He also said that he would like an article inserted in the warrant to see if the Town would vote to accept a small piece of land at the junction of the two streets in cr der that he may have a curved entrance to the lot on which the gasoline station is to be built. Mr. Giroux asked if the Town Counsel had seen the articles, and Mr. O'Connell said that he had and had approved them. Mr, -Giroux asked if the proposed change was known to the Board of Appeals and Mr. O'Connell said that Mr. Maddison had a copy of the articles and approved them. He retired. Mr. Giroux telephoned the Town Counsel who said that he had no objection to the articles and that the Board could insert them if it saw fit and request Mr. O'Connell to present them inasmuch as they were being inserted at his request. Mr. Ross moved that the articles be inserted. Mr. Potter seconded the motion and it was so voted. At 7:30 P. M. hearing was declared open on the appli- MacPhee cation of James A. MacPhee for permission to maintain a garage one car garage at S Kimball Road. Mr. MacPhee appeared hearing. and presented plan of the proposed garage. No persons appeared in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building inspector. Mr. Potter seconded the motion and it was so voted. At 7:32 P. M. hearing was declared open on the appli- Osgood cation of Catherine Osgood for permission to maintain a garage two car garage at 11 Somerset Road. No persons appeared hearing, either in favor or in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector. Mr. Potter seconded the motion and it was so voted. 1 7 123 At 7:34 P. M. hearing was declared open on the appli- cation of Harry A. Wheeler for permission to increase the Wheeler capacity of underground gasoline tank to five hundred gasoline gallons on premises located at 31 Somerset Road. No hearing. persons appeared either in favor or in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Fire Department. Mr. Ross seconded the motion and it was so voted. At 8:15 P. M. Max and Edward Berman appeared before the Board to discuss the matter of their illuminated liquor sign. Mr. Giroux said that although Berman had such a sign, there were none in the center of the town. He said that the Board generally was opposed to such signs and that an application for one was received a short while ago and the Board told the applicant that they thought it would be best not to erect such a sign. Mr. Max Berman said that if the Board wanted the sign taken down, they would take it down. Mr. Potter said that it was the word "Liquor" that the Board objected to. Edward Berman said that they wanted to do just as the Board wished and he suggested that the neon sign be removed and replaced with a sign reading "Berman's". He said that they were anxious to cooperate with the Board. They retired. Berman's sign. At 8:30 P. M., Mr. Albert Bieren appeared before the ' Board. He said that he had procured a bond for two years to run to October 13, 1939 in the amount of $5,000. for Bieren each year. He asked that the Board approve this bond and bond. release the one year bond which he had filed a little while ago. Mr. Giroux said that the bond looked all aright but that the Board would like to have the Town Counsel approve it. Mr. Potter moved that the bond be approved subject to the approval of the Town Counsel. Mr. Ross seconded the motion and it was so voted. The Town Accountant appeared before the Board. Mr. Giroux read a letter written by Mr. Russell to the Board stating that he conferred with Mr. Waddell to see if he would allow the Town to use the $1500. appropriated for Smith & the purchase of the Smith property to reduce the amount Barnes necessary to permit borrowing for the purchase of the properties Barnes property. Mr. Waddell said that because of the way the vote on the Smith property was worded, it would have to be kept open forever as a public park in accordance with the provisions of Section 7, Chapter 45 of the General Laws. Mr. Waddell felt that no land should be purchased or acquired for park purposes unless the Town was agreeable to forever maintain that land as a public park. He suggested that an article be inserted in the warrant to ' rectify the matter by asking if the town would vote to place the management of the property under the jurisdiction of the School Committee. He said that if this was done, he would allow the $1500. appropriated for the purchase of 124 Taxes on Barnes property. Miss Thompson's salary. the property to be used to reduce the amount necessary ' to permit borrowing for the purchase of the Barnes prop- erty. Mr. Waddell also submitted an article and vote to be inserted on the Barnes property. Mr. Ross moved that an article be placed in the warrant to see if the Town would vote to place under the jurisdiction of the School Committee the land acquired from Harriette W. Smith. Mr. Potter seconded the motion and it was so voted. Mr. Ross moved that the article on the Barnes prop- erty as suggested by Mr. Waddell be inserted in the warrant. Mr. Potter seconded the motion and it was so voted. The Board then discussed the matter of taxes on the Barnes property. Mr. Russell said that Mr. Ferguson had the idea that Commissioner Long would not approve an abatement of the taxes, but after looking over his letter again, he thought that Mr. Long might permit the abatement even though he did not approve it. Mr. Russell said that he discussed the matter with Mr. Searle, of Mr. Waddell's office, who said that when the Town took property this way, that it should take care of tha taxes on the prop- erty in the purchase price and then the person selling the property should pay the taxes. Mr. Russell asked why it was necessary to complicate this matter any further when there was no doubt that the Commissioner would permit the ' abatement of the taxes. He said that if the town bought the property and told the. Commissioner that it was town - owned land, there was probably nothing he could do. He said that the Assessors were willing to put the matter of the abatement up to Mr. Long after the Town had'pur- chased the property, according to Mr. Spencer. Mr. Potter said that the only thing to do was to wait until after the town purchased the property and then have the Assessors apply to Mr. Long for an abatement of the taxes. Letter was received from the Tax Collector requesting an increase of pay for Miss G. M. Thompson, Clerk in his department, in the amount of $1.00 per week beginning December 61, 1937 and that an article be inserted in the Warrant to transfer $4. from the expense account to the personal services account. Mr. Russell said that Mr. Scamman was requesting this now bedause of the fact that he could not expend any more money in one month of 1938 than he has expended in any one month of 1937. Mr. Giroux said that Mr. Cosgrove's salary had not been restored to him this year and the Board felt that neither he nor Joseph Ross had been treated justly and he could not see how the Board,could approve an increase to Miss Thompson when they had not approved them for others. Mr. Potter said that he did not see how the , Board could approve anything now even though he was perfectly in accord with Miss Thompson's receiving an ' increase. Mr, at a meeting of 20th along with requested that to take care of feeling that it the Reserve F Russell said that this matter was presented the Appropriation Committee held on Sept. a matter of similar nature and it was transfers be made from the Reserve Fund the matters, but it was the Committee's was opposed to the transfer of money from Fun unless an emergency existed and it did not feel that an emergency time, the Appropriation See man that it was his in the warrant for the the matter. existed in these cases. At that Committee voted to advise Mr. privilege to request an article next Town Meeting to take care of Mr. Ross moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. Mr. Russell informed the Board that Walter Brenton of the Park Department was placed on the payroll for Thanksgiving and this had not been done before. Mr. Ross moved that Brenton be paid for that day. Mr. Potter seconded the motion and it was so voted. Mr. Russell said that Miss Ruth Hossfield had been employed in his office at a salary of $12. per week. Her 90 days were up last Saturday so she, if considered a regular employee, automatically comes under the Re- tirement Act A girl employed at the High School has been there about the same length of time and her salary was increased to $13.00 per week so that the contribution to the Retirement fund would be taken care of. Mr. Russell said that he would like to increase Miss Hossfield's salary to $13# per week beginning November 29th, 1937 and said that he had the money available. Mr. Potter moved that the increase be approved. Mr. Ross seconded the motion and it was so voted. Mr. Russell said that in connection with the Retire- ment Board, he was short on mechanical equipment. He has borrowed an adding machine from the Assessors who wanted to.get rid of it and Mr. Russell said it was very adaptable to his use. The concern that makes his machine says it will allow the Assessors X50. on the machine and will sell them a new one for $125.50. It will electrify and overhaul the old machine for $35.00 and sell it back to Mr. Russell for an additional 050,00. He wondered if the Board would have any objection to the Assessors buy- ing a new machine and his buying the old machine provided there were funds in the appropriations and the Appropriation Committee approved. Mr. Russell said that the Assessors were asking for the machine through him. Mr. Ross moved that the purchase of the machine be approved provided there ' were funds available and the Appropriation Committee approved. Mr. Potter seconded the motion and it was so voted. 125 Brenton pay. Miss Hossfieldt salary. Adding machines 126 Betterments. Nater betterment assessments in the amount of $54.02 were signed by the Board. , Water Betterment Assessments for Shade Street were certified. The following commitments were signed: Commitments. Water Miscellaneous - $102.25 Water Miscellaneous - 15.00 Water Liens - 62.04 Mr. Raymond appeared before the Board. He said that there was a claim against the Town because of a couple of stones on the lawn adjacent to the gutter placed there Acciddnt - presumably to keep people off the lawn. The accident Stones in occurred in front of the Crandall house on North Hancock gutters. Street and Mr. Raymond thought that Mr. Crandall would admit that the stones were put there by his instructions. He told the Town Counsel that there were quite a number of places in town where there were such stones. He has• received a letter from the Town Counsel stating that the town might be liable to suit in cases where such stones were in the gutter. Mr. Raymond asked if the Board wished him to proceed with the suggestion of the Town Counsel and request people to remove stones which in his opinion should be removed. Mr. Potter moved that Mr. Raymond proceed to ' do this. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he had received a complaint on account of flooding from Mr: St. George who lives at the corner of Reed and Garfield Streets. When the man first moved in there, he claimed he did not have any trouble. When the house across the street was built some pipes were put in and he began to have trouble. However, he has never had as much water in his cellar as he has had this fall. Mr. St.George told Mr. Raymond that he had no fault to find with what work the town had done, but that his trouble was with the people next door who did not take care of their ditch. Mr. Raymond said that there was plenty of waterway so that the water could get across the street to the culvert. Mr. Raymond said he was not sure that the water from the ditch belonging to the people next door Flood was the cause of the trouble. He has a pipe in his cellar complaints. and Mr. Raymond advised him to plug this up but St.George did not think he should do that. This morning there was 18 to 20 inches of water in his cellar and this is the fourth time within a month that it has happened. • Mr. Raymond said he did not think that any of the water came from town property unless it came from some acquired by the Town through foreclosure of tax titles. He did not believe that there was any responsibility on the part of the town. He said he was convinced that.the water was getting".into the cellar from a water bearing layer and 127 that there might be some other cause for it. Mr. Ross ' moved that no action be taken. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that this was constituting a health menace as the people were unlikely to have a fire. He asked if the Board would approve putting in a pump to take care of the matter. No action was taken on the matter. Mr. Raymond said that Nils W. Nilson of 19 Vine Brook Road claimed that he never had trouble from flooding until the Town built the Highland Avenue drain. No action was taken on the matter. Mr. Raymond said that Mr. Alvah Howard of Vaille Ave. said that his cellar was flooded and he claims that he talked with someone in the Engineering Dept. and was told that he would not have any trouble with water in his cellar and he purchased the house on the strength of that. No action was taken on the matter. Mr. Raymond said he had received complaint of flooding Flood from Morris Berman who lives at the corner of Mass. Avenue complaint and Hibbert Street. He said that A. Ross & Son built a drain from his cellar and connected with the drain in Mass. Avenue and now the thing not working properly.and the ,is water is backing up into his cellar. No action was taken on the matter. Letter was received from Ciracio Cataldo complaining of the flooding of his property near Bow Street. Mr. ' Potter moved that Mr. Raymond draft a letter to be written to Mr. Cataldo provided it had the Town Counselts approval, and that the Board sign the letter. Mr. Ross seconded the motion and it was so voted., Mr. Raymond said that he had received complaints on account of flooding from residents of Marrett Road near the old reservoir. He said that last year the State in- stalled a drain from Spring Street to the culvert near the reservoir and the owner of the land near the culvert (he was told) laid a pipe to the culvert which is probably too small. No water comes from the highway into that culvert but it is his understanding that the town is responsible for water running off State roads. He thinks that the culvert is too small and that the pipe in private land is too small although the State Engineers do not agree with him. He believes that a larger pipe is needed under Marrett Road. The people complain that rats are being driven out by the high water. Mr. Raymond did not believe that the question could be settled without a suit and said that there were no funds to do anything on the matter anyway. Mr. Ross moved that Mr. Raymond make a study of the matter and consider the advisability of including it in the drainage program for 1938. Mr. Potter seconded the motion ' and it was so voted. Mr. Raymond said that Homer J. and Helen G. Potter of 32 Locust Avenue complained of damage to their house which they said was caused by blasting in the vicinity. Mr. 128 Raymond had Stanley Higgins go down and he said that the house looked as though it had been shaken. He estimated Blasting that it would cost 058.00 to repair the damage. Mr. damages. Giroux said that Mr. Russell and he were told at the State House that the Town was not responsible for such claims and that Lexington was one of the few towns that paid them. Mr. Raymond said that the blasting occured last May. Mr. Ross moved that no action be taken. Mr: Potter seconded the motion and it was so voted. Mr. Raymond read a letter from Mr. Garrity stating Gypsy that he thought it would be a very good idea to have a moth crew of welfare men working on the elimination of gypsy project. moths. He thought.that Ralph Ferri would probably make a good working foreman. Mr. Raymond said that every man on the welfare list who was able to work could work on this project. Mr. Ross moved that Mr. Raymond proceed in accordance with Mr. Garrity's letter and have a welfare crew work on the elimination of gypsy moths. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he would like authority to put Edwin Johnson, a welfare man, to work building a bookcase in his office and paying for the expense from the Supt. of Public Works Expense account. He also wanted to know if the Board wanted him to go ahead and make preliminary studies and an estimate for putting in bookcases in the Selectmen's Room. He said that this might mean some work Bookcases. for a carpenter and he had Frank Faulkner in mind for this job. He said that there would be about $200. left in the Town Offices and Cary Memorial Building account which would pay for any expense. Mr. Potter moved that Mr. Johnson be engaged to.do the cabinet work for the Supt, of Public Works and for the Seleetments Room to make cases for filing volumes of books and reports, and that the time he is actually working be charged to the Town Offices and Cary Memorial Building expenses or Supt. of Public Works expenses account. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that they had not gone 100 feet in Hibbert Street when they ran into a cesspool in the Hibbert St. middle of the street. He has been told that the cesspool sewer, overflowed nearly every winter. Mr. Raymond thought the proper way to take care of the matter would be to''build a sewer in Hibbert Street and he estimated that it would cost about $500,00. He said that there was no room to build a cesspool on the property of the owner of the one in the street. Mr. Raymond thought it was an e.mergeney and that the town ought to build the sewer whether or not betterments could be assessed. Mr. Ross moved that the sewer be extended 97 feet in Hibbert Street from Mass,. Avenue and that the cost be charged to the Sewer Construction, 1 129 ' Sundry Streets, account. Mr. Potter seconded the motion and it was so voted. The order was signed as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on. March 15th; 1937�and adjourned to March 22nd, 1937, duly adopted under Article 17 of the Warrant the following vote: "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1937, in accordance with St. 1897, Ch. 504, as amended, or -.otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $1700.00. be appropriated and transferred from the Sewer Assessment Fund , and at a meeting of the Board of Selectmen held on December 7th, 1937, it was voted to authorize the extension of the sewer in Hibbert Street, from Massachusetts Avenue to a point southwesterly and distant approximately 97 feet, under the provisions of General Laws, Chapter 80, Voted: By the Selectmen,acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Hibbert Street, from Massachusetts Avenue to a point southwesterly and distant approximately 97 feet, sub- stantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated December 7, 1937 and entitled, "Plan of Proposed Sewer in Hibbert Street, Lexington, Mass., Scale 1'in. - 40 ft., Dec. 7, 1937, John T. Cosgrove,, Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: That portion of those properties on each side of Hibbert Street, from Massachusetts Avenue to a point southwesterly and distant approximately 97 feet. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. 130 We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hands at Lexingtonsforesaid this seventh day of December, 1937. Charles E. Ferguson MAJORITY OF Archibald R. Giroux SELECTMEN Albert A. Ross OF William G. Potter LEXINGTON. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. December 71, 1937 Then personally appeared the above named William G. Potter, Charles E. Ferguson, Archibald R. Giroux and Albert A. Ross and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll Notary Public Term - Mar. 11, 1938. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE.FOREGOING ORDER HIBBERT STREET (From Massachusetts Avenue to a.point southwesterly and distant approximately 97 feet). Owner as of January lat. 1937 Assessment. Annie Bornstein Esther Berman $480,00 120.00 Mr. Raymond reported that the meter reading at the Yater at Barnes property showed a large consumption of water and Barnes the meter reader thought that there were some bad leaks. property. He wanted to know if there was anything that could be done about it. Mr. Giroux said that inasmuch as the town did not yet own the property, nothing could be done. Mr. Ross moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. 1 C ' Mr. Raymond said that the price of coal had gone up ten cents a ton since he received his bid in September. He merely called this to the Board's attention and said that he wanted to purchase coal for the Cary Memorial Building. Mr. Potter moved that Mr. Raymond be authorized to buy what coal he needs. Mr. Ross seconded the motion and it was so voted. C 1 Mr. Raymond said that he had studied the condition of Weston Street. Ztiis street is the logical extension of Lincoln Street to. the State Highway as a Chapter 90 -job. He said that he had provided money in the 1938 budget to maintain the street. He would suggest that Mr. Hayden be convinced that it would be best to merely maintain the street now and submit it as a Chapter 90 job in 1939. Mr. Giroux suggested that Mr. Raymond take up the matter with Ifr. Hayden. Mr. Raymond said that he thought the.solution of the drainageproblem in Harrington Road was curbing and re- shaping the gutters and he did not believe any pipes were necessary. There were no funds available at the present time to do any work. Mr. Giroux suggested that Mr. Raymond write Mr. Brown and tell him that there were no funds available now and what possibilities there were for getting the work done in the future. Letter was received from the Lexington Trust Co. requesting a street light at the corner of Blake and Preston Road Extension to be located on pole 214 over 18. Mr. Raymond said he thought the light should go on a pole on Preston Rbad. Mr. Potter moved that an article be inserted in the warrant for the next town meeting for the installation of a street light in Preston Road. Mr. Ross seconded the motion and it was so voted. 131 Coal. Weston Street Drainage - Harrington Road. Street Light. Mr. Giroux said that Mr. Hadley was being retired as of December 31st and asked if the Board wanted to request Hadley the Civil Service Commission to hold an examination to Retirement. fill the ttacancy. Mr. Ross moved that the examination be requested. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Accountant to which was attached bill rendered by David Hennessey in the amount of $275.00 for "contract for grading Emery Park". Bill for The bill was noted O.K. by M, S. Cook, Chairman and S.F.H. grading President. Mr. Russell asked whether or not the Board Emery Park, approved the bill for payment. He thought it should be more explicit and if there was a written contract, it should have been submitted with the bill. He thought that the approvals with initials were in poor form. The Clerk was instructed to get the proper information from the President of the Field and Garden Club and forward it to the Town Adeountant for payment. 132 Letter was received from Sarah Eddy Holmes of ' Somerville, who stated that she was the daughter of Miss Holmes'Dr. Holmes who practiced in Lexington for 43 years. Miss offer to Holmes said that her father was much interested in the move tree. growth of the town and started a society which planted nearly all the trees on the main street of the town. Miss Holmes said that her family had taken the Lexington Minute-, Man ever since it started and she, the only remaining member of the family, took it still. She said that she saw in the last copy that the Yellow Yacca tree in front of the Harrington property could be moved at a cost of X125.00. Miss Holmes said that if agreeable to the town, she would pay the $125. moving charge. She said she was born in Lexington and lived 50 years of her life here. Mr. Ross moved that Miss Holmes' offer be gratefully accepted and that the local paper be furnished with a copy of Miss Holmes' letter. Mr. Potter seconded the motion and it was so voted. Letter was received from the Chief of Police recommend - Police ing the purchase of a new Harley-Davidson motorcycle at matters. a net cost of $257.00 and new badges for the officers at a price of $2.25 each. The Board decided to consider the request when the budgets were considered. " Letter was received from the Chief of Police of , Arlington giving the number of police officers in com- parison with population in various municipalities in Massachusetts. It was decided to consider this letter when the budget for the Police Department is considered. Letter was received from the Town Counsel relative to a Board of Health bill for the care of Mrs. Eva- _ Harrington Harrington. The Clerk reported that she had been unable casee to collect the bill from the woman's husband and it was a Cambridge settled case. Mr. Wrightington advised that suit be brought against the city of Cambridge. Mr. Potter moved that Mr. Wrightington be instructed to sue Cambridge. Mr. Ross seconded the motion and it was so voted. Upon motion of Mr. Ross, seconded by Mr. Potter, it was voted to grant the following licenses: Joseph Trani, 1757 Mass. Avenue - Liquor License. Countryside,Inc., Woburn Street - Common Victualler's Licenses. Geo. W. Taylor & Son, Marrett Rd. - Mike & Christy Hallos, 1715 Mass. Ave. --n Lowell Rendering Co., Lowell - Transportation -of Garbage Carroll Brothers, Allen Street- n n n A. Bornstien, 27 Mass. Avenue - Methyl Alcohol Countryside, Inc._, Woburn Street 11 - ' Abraham Alpert, 22 Sylvia Street - Peddler's License. 133 ' The Clerk stated that she would advise purchasing a new typewriter for the Selectmen's office to replace Typewriter. An old`type*riter at a net cost of $102.20. Mr. Potter moved that the purchase of the typewriter be authorized. Mr. Ross seconded the motion and it was so voted. It was decided to meet on Monday evening, December 13th at 7:00 P.M. to discuss budgets. It was left with Meeting the Clerk to request what department heads to attend as on she thought advisable. Mr. Potter moved that the executive budgets. committee of the Town Meeting Memberst Association be invited to attend the meeting. Mr. Ross seconded the motion and it was so voted. The following budgets were received: Dental Clinic Town Offices & Cary Memorial Building Plumbing Inspection Building Inspection Budgets. Insurance Public Works Building Chapter 90 work Street Lights Garbage Collection Shade Trees ' Moth Department Engineering Department The Clerk informed the Board that she would like to take part of her vacation beginning January 5th. Mr. Clerk's Potter moved that the request be granted. Mr. Ross vacation seconded the motion and it was so voted. The meeting adjourned at 11:00 P. M. A true record, Attest: L Clerk.