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HomeMy WebLinkAbout1938-03-08SELECTMEN I S MEETING March 8', 1938 A regular meeting of the Board of Selectmen was. held in the Selectmen's Room, Town Office Building, at 7:00 P. M. Messrs. Potter, Giroux, Ross, Clark and Rowse were present. The Clerk was also present. Town Clerk James J. Carroll appeared before the Board and swore in Messrs. Potter and Rowse, the newly elected members. Mr. Potter, as senior member, opened the meeting and welcomed Air. Rowse to the Board. Mr. Ross moved that Mr. William G. Potter be elected Chairman of the Board for the Organization coming year. Mr. Giroux seconded the motion and it was so voted. However, Mr. Potter declined, and moved that Mr, Archibald R. Giroux be elected Chairman for the coming year. Mr. Ross seconded the motion, and it was so voted. Mr. John W. Raymond, Jr. appeared before the Board. Mr. Raymond said that on January 25th it, was voted that the Town should carry Workmen's Compensation Insurance for those contractors who were not carrying it. He thought that in view of what took place at the last meeting, this Workmen's Comp -vote should be rescinded. Mr. Clark moved that the vote eneation Ins. of January 25th reading as follows be rescinded: "That the town carry insurance on all such persons when the contractor is not already protected." Mr. Rowse seconded the motion, j and it was so voted. Mr. Raymond stated that the Sacred Heart Church wished to use Cary Hall on April 29, 1938, for the purpose of Use of Hall holding a Reunion. Mr. Potter moved that the use of the hall be granted subject to the usual fee. Mr. Clark seconded the motion, and it was so voted. Mr. Raymond stated that the V. F. W. wished to use Cary Hall on April 26th and 27th for the purpose of holding a show. Mr. Ross moved that the use of the hall be granted Use of hall provided the nights were included in their allowance for the year. Mr. Rowse seconded the motion and it was so voted. Mr. Clark suggested that the six nights granted to the Legion and the V.F.W. be split up. Mr. Giroux suggested that Mr. Raymond give some thought to the use of the hall on six nights a year by the Legion and the V.F.W. when he is making his study of the uses to which Cary Hall is put. Mr. Raymond asked approval of placing an order for six inch pipe for Candlewick Close. He said that he had received a price of $.89 per foot from the Warren Pipe and 1 Or Foundry Co. Mr. Ross moved that Mr. Raymond be authorized ' to purchase the pipe and that the cost be charged to the Water Construction, Sundry Streets, account. Mr. Clark seconded Purchase of the motion and it was so voted. water pipe 'Mr. Raymond submitted a letter that he proposed to take into Dr. Chadwick, the Commissioner of Public Health, together with WPA forms which required the signature of the Chairman and Dr. Chadwick before the Winning Farm Pro- ject could be put into operation. Mr. Ross moved that the form be approved. Mr. Potter seconded the motion and it was &o voted. Winning Farm Project Mr. Raymond reported that William Anderson of Lee Avenue Anderson had signed a release in connection with the draining of the release and well and the building of a wall along Mill Brook, and had abatement executed a deed in favor of the Town of Lexington. He suggested that the Selectmen approve the abatement of the $100.00 on his water bill agreed upon. Mr. Clark moved that an abatement of $100.00 be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that there would be $20. or $22. left in the Sind for the collection of tent caterpillars. Mr. Garrity wondered if the Board wanted to spend this amount for ' a prize and suggested that something substantial, such as a bicycle be purchased. Mr. Ross suggested that the prize money be split and two prizes given. Mr. Potter thought that if this were done, the prizes would not amount to much. Mr. Potter then moved that a total of $10.00 be approved for prizes to be split up as Mr. Garrity sees fit. Mr. Clark seconded the motion and it was so voted. Tent caterpillar contest prize. Mr. Raymond discussed the bills in connection with the North Metropolitan Sewer. A hearing was held last week, and Representative Crosby stated that it was about the same as the Bills re one held last year. Mr. Raymond said that Mr. Fred W. Fisher, North Town Solicitor of Winthrop, had written a letter stating that _Metropolitar the Representatives of the Town should proceed to enact Sewer. Legislation to comply with the program recommended by a commission appointed to study the matter. Mr. Fisher requested that Lexington communicate with its Senator and Representatives and 'give the towns view on the matter. Mr. Raymond thought the matter of measuring the sewage was very important and should have been started years ago. Mr. Clark moved that the Board advise the Senator and Represent- atives that it desired them to favor the findings of the Special Commission, in which they recommend the measuring of sewage and taking out of sea water and drain water. Mr. Ross seconded the motion and it was so voted. ' Mr. Ross stated that a man was contemplating purchasing a lot on Edgewood Road and had made a ddposit on it. He thought there was a sewer in the street but there is not and if the 250 sewer is extended, there will be a'betterment of about $250.00. The man is thihking of forfeiting his deposit Sewer - and not building because of the assessment and he wondered Edgewood if there was any way that the Board could abate any portion Road. of the assessment. Mr. Raymond said he did not believe the Town could do anything unless he could show where some of the land was not benefitted. Mr. Potter moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. The Chairman read a'letter from Clayton Beach regard - Beach - ing his salary in which Mr. Beach requested an increase. salary. Mr. Potter moved that the matter be turned over to Mr. Raymond and that he report at the next meeting. Mr. Ross seconded the motion and it was so voted. It was decided to hold the meeting next week on Monday Meetings. eveking, and that in the future meetings are to start at 7;30 P.M. -At 8;00 P.M. hearing was declared open on the applica- tion of Eric G. Sahlberg for permission to maintain a one Sahlberg car garage at 10 Daniels Street. Mr. Sahlberg appeared garage and presented pian of the proposed garage. No persons. hearing. appeared in opposition. Mr. Ross moved that the permit be grantedt subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. 7 1 The Chairman informed the Board that the Lexington Teachers Club had requested the use of Cary Hall on Use of Hall.April 5th, 1938, for the purpose of holding a lecture to be given by one Dr. DeHaas, a speaker on international affairs, aid said that the lecture was to be open to the public free of charge. Mr. Potter moved that the use of the hall be granted on that evening free of charge. Mr. Rowse seconded the motion and it was so voted. At 8.05 P.M. a hearing to establish the street lines of Taft Avenue, Cary and Cherry Streets, was declared open. Between 20 and 25 persons were present at the hearing. Hearing on Mr. Charles C. Paul, the spokesman for the group, Taft Ave., stated that they all were in favor of the construction and Cary and acceptance of the street with the exception of one owner. Cherry Sts. He said he had talked to a Mr. and Mrs. Davies who said that they were in favor and Miss Mary Blight, who did not sign but apparently is satisfied to have the street accepted and constructed. One man asked where the funds were coming from and the Chairman told him that the money would have to be appropriated by the Town. He asked if the Board had any experience with constructing streets under the W.P.A. and the Chairman told him that it was the Town's expierence that there would not be any advantage. Mr. Raymond said it might be possible to save a little money if the work was done by the W.P1A. but it would mean 7 1 251 working only four days a.week and not always four days each ' week. They might be held up in the middle of the job because of governmental hitches. He said that Lexington did not have a crew on W.P.A. that was familiar with road work and it would be necessary to put a number of the key men on the Highway Department working with them. If the work were done under the W.P.A., it probably would reduce the assessment by 20%. He thought that the people would have the street many weeks and possibly months sooner if the work were done by the Town. He thought the Town would probably get in and out of there within a month, depending onwhat rush work came in. If done as a W.P.A. project, it probably would not be done until October. Mr. Ross asked if Harry Johnson was represented in the group and he was not. He said he understood that Johnson did not sign the petition and wondered how he felt on the matter. Mr. Raymond asked Mr. Paul if Johnson had been approached and Mr. Paul replied that the last he heard of him, Johnson was in Florida. Mr. Sahlberg stated that he talked with. Johnson today and he did not believe he would have any objections, No other persons wished to speak in favor. Mrs. Evelyn McVetty of 4 Taft Avenue stated that she was not in favor of the construction of the street because of the expense involved. When she purchased her house, Johnson told her that the street was going to be put into condition to be accepted by the Town. ' No other persons wished to be recorded in opposition. Mr. Paul asked if a foundation for a sidewalk would be put in when the street was constructed. Mr. Raymond informed him that the excavation would be madd and a gravel foundation put in so that when the owners petitioned for a sidewalk on the betterment basis, that -much would be done. The hearing was declared closed at 8;15 P.M. The Board signed the orders for the layout of Cary and Cherry Streets and Taft Avenue as follows; CHERRY STPEET Commonwealth of Massachusetts Middlesex, ss. Lexington, Mass. March 8, 1938 Town of Lexington, Selectmen's Room. At a meeting of the Board of.Seleetmen of the Town of Lexington, after having given due written notice of the intention of said Board, as required by law, to lay out as a Town way the way known as Cherry Street, from Taft Avenue a distance of approximately 193 feet westerly, all as here inafter more fully appears, and after public hearing thereon Cherry held on March 8, 1938; Street Now, upon consideration of the matter, it is Order ' ORBZREDt That this Board of Selectmen is of the opinion that public necessity and convdnience require that said Cherry Street be laid out and established as a public town way, and that the same hereby is laid out and established as 252 CARY STREET Commonwealth of Massachusetts Middlesex, ss. Lexington, Mass., March 8, 1938 Town of Lexington, Selectmen's Room At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board,as required by law, to lay out as a town way the way known as Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, all as here- inafter more fully appears, and after public hearing thereon ' held on March 8, 1938; Now, upon consideration of the Aiatter, it is CM IOU r� a public town way respectively, as followst The northerly line of Cherry Street begins at a point in the westerly line of Taft Avenue, said point being south- , erly and distant 67.00 feet from the southerly terminus of a curve of 255.92 feet fadius, thence bearing to the right with a curve of 20.00 feet radius distant 31.42 feet to a point of tangency, thence N 74° 591 08" X11 distant 170.50 feet to a point. The southerly line of Cherry Street begins at a point in the westerly line of Taft Avenue, thence bearing to the left with a curve of 20.00 feet radius distant 31.42 feet to a point of tangency, thence N 740 591 08" W distant 176.19 feet to a point. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections at Taft Avenue. Said Cherry Street is hereby laid out and established as shown on a plan entitled, "Plan of Taft Ave., Cary St. a and Cherry St., Lexington, Mass., Scale 1 in. - 40 ft., Feb. 180 1938, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's Office in the Town Offied Building. And said Board having considered the question of damages sustained by the owners of lands across and through which Aaid ways have been laid out and established as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law author- ' izing the assessment of betterments. Archibald. R. Giroux A. Edward Rowse Board Philip M. Clark of Albert A. Ross Selectmen William G. Potter. CARY STREET Commonwealth of Massachusetts Middlesex, ss. Lexington, Mass., March 8, 1938 Town of Lexington, Selectmen's Room At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board,as required by law, to lay out as a town way the way known as Cary Street, from Taft Avenue a distance of approximately 250 feet westerly, all as here- inafter more fully appears, and after public hearing thereon ' held on March 8, 1938; Now, upon consideration of the Aiatter, it is 253 ' ORDERED; That this Board of Selectmen is of the opinion that public necessity ,and convenience require that said Cary Street be laid out and established as a public town way, and that the same hereby is laid out and established as a public town way respectively, as follows; The northerly line of Cary Street begins at a point in the westerly line of Taft Avenue, said point being northerly and distant 23.36 feet from the northerly terminus of a curve of 248.50 feet radius, thence.bearing to the right with a curve of 20.22 feet radius distant 34,67 feet to a point of tangency, thence N 66o 44' 08" W distant 222.79 feet to a point. Cary St. The southerly line of Cary Street begins at a point in Order the westerly line of Taft Avenue, thence bearing to the left with a curve of 22.50 feet radius distant 38.02 feet to a point of tangency, thence N 660 44' 08" W distant 227.42 feet to a point. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved Intersections at Taft Avenue. Said Cary Street is hereby laid out and established as shown on a plan entitled, "Plan of Taft Ave., Cary St. and Cherry St., Lexington, Mass., Scale 1 in. - 40 ft., Feb. 18, 1938, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's Office in the Town Office Building. ' And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been established as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law authorizing the assessment of betterments. Archibald R. Giroux A. Edward Rowse Board Philip M. Clark of Albert A. Ross Selectmen William G. Potter TAFT AVENUE Commonwealth of Massachusetts Middlesex, ss. Lexington,Mass., March B. 1938 Town of Lexington, Selectmen's Room. At a meeting of the Board of Selectmen of the Town of Lexington,, after having given due written notice of the ' intention of said Board, as required by law, to lay out as a town way the way known as Taft Avenue, from Massachusetts Avenue a distance of approximately 1037 feet southwesterly, all as hereinafter more fully appears, and after public hearing thereon held on March 8, 1938; 254 Taft Ave. Order. Now, upon consideration of the matter, it is ORDMM: That this Board of Selectmen is of the opinion that public necessity and convenience require 'that said Taft Avenue be laid out and established as a public Town way, and that the same hereby is laid out and established as a public town way respectively, as follows: The westerly lihe of Taft Avenue begins at a point in the southerly line of Massachusetts Avenue, said point being easterly and distant 27.71 feet from the westerly terminus of a curve of 1337.53 feet radius, thence bearing to the right with a curve of 23.72 feet radius distant 46.98 feet to a point of reverse curvature, thence bearing to the left with a curve of 255.92 feet radius distant 97.17 feet to a point of tangency, thence S 150 001 52" W distant 389.06 feet to a point of curvature, thence bearing to the right with a curve of 248.50 feet radius distant 299.72 feet to a point of tangency, thence S 670 591 08" W distant 99.10 feet to a point of curvature, thence bearing to the right with a curve of 175.85 feet radius: distant 144.44 feet to a point. The easterly line of Taft Avenue begins at a point inr the southerly line of Massachusetts Avenue, said point being westerly- and. distant 88.62 feet from the easterly terminus of a curve of 1337.53 feet radius, thence bearing to the left with a curve of 71.71 feet radius distant 69.96 feet to a point of compound curvature, thence bearing to the left with a curve of 215.92 feet radius distant 102.02 feet to a point of tangency, thence S 150 001 52" W distant 389.06 feet to a'point of curvature, thence bearing to the right with a curve of 288.50 feet radius distant 266.72 feet to a point of tangency, thence S 670 591 08" W distant 99.10 feet to a point of curvature, thence bearing to the right with a curve of 215.85 feet radius distant 178.86 feet to a point. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections at Massachusetts Avenue. Said Taft Avenue is hereby laid out and established as shown on a plan entitled, "Plan of Taft Ave., Cary St., and Cherry St., Lexington, Mass., Scale 1 in. - 40 ft., Feb. 18, 1938, John T. Cosgrove, Town Engineer", which plan is•on file in the Town Clerk's Office in the Town Office Building. And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been laid out and established as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law author- izing the assessment of betterments. Archibald R. Giroux A. Edward Rowse Board Philip M. Clark of Albert A. Ross Selectmen William G. Potter 1 1 1 255 Letter was received from the Sealer of Weights and Measures advising that the Inspector of Standards for this district called on him and went over the supplies on hand . Mr. Tullar said it would be necessary to replenish the supply of seals and dyes immediately which would entail an Sealer's expense of approximately $50.00. He said that as only budget. $50.00 had been allowed for expenses, there would be no funds left for transportation. It will be necessary to hire a means of transportation for one-half ton of weights and various sized gasoline cans. The State Inspector also recommended the purchase of a fifty gallon test tank which would cost about $125.00. Mr. Tullar requested that at least $100. be provided for the maintenance expense of his office. Mr. Clark moved that the Expensds Item be increased from $50.00 to $100.00 to take care of supplies, etc. Mr. Potter seconded the motion and it was so voted. Upon motion of Mr. Ross, seconded by Mr. Potter, it Moth was voted to appoint Mr. John J. Garrity as Moth Superin- Supt. tendent for the coming year. Request was received from the Used Car Dealers of Lex- ington for permission to operate a bell on an advertising Advertis- truek for the balance of the week. Mr. Potter moved that ing truck. permission be granted. Mr. Ross seconded the motion and it was so voted. Board of Appeals findings H. Mara to use the building at store and office, and granting Trust Co. to maintain an office were received by the Board. granting permission to Edward 11 Merriam Street as a grain Bd, of permission to the Lexington Appeals building on Harding Road, orders. Letter was received from the Town Counsel in reply - to the Board's request for an opinion as to the limitations that Cary Memorial Hall be used "for such public meetings of a non-sectarian and non-political character --". He said that it would seem clear that a lecture of the Women's Republican Club for the purposes for which the club must have been formed was properly excluded and that a Christian Science lecture, if for the purpose of advancing the principals of the Christian Science religion, was properly excluded. Mr. Wrightington suggested that in the future an applicant be obliged to file a statement in writing of facts which he claims justified the conclusion that the meeting will be of a non-sedtarian or non-political character. He also suggested that the Board write the trustees on the matter. The Clerk was instructed to write Mrs. Francis Chamberlain and quote from Mr. Wrightington's letter. The Clerk asked who the Board wanted to invite to review the parade with the members oil the 19th of April and she was instructed to invite the Chairmen of the various regular Town committees, and the ex -Selectmen. Opinion re use of Caxy Hall, April 19th 256 order for the construction of a water main in Candlewick Close, as follows: I Letter was received from the County Commissioners ad - Chap. 90 vising that it might be possible that the State Department funds. would be willing to transfer the proposed allotment for the construction of Woburn Street to the Maintenance Account. Upon motion of Mr. Ross, seconded by Mr. Potter, the following licenses were granted: Faulkingham and Craig - 97 Mass. Ave. and 3 Bow Street - Licenses 2nd Class Agentts License; Adelaide Martin - 4 Bow. Street - Sunday Sales License (Transferred from license of Mary Augdstine) Animal Upon motion of Mr. Ross, seconded by Mr. Potter, it Inspector. was voted to nominate Dr. Chester L. Blakely as Animal Inspector in the Town for the coming year. The Chairman stated that George E. Pray of 1787.Mass. Special Avenue, the caretaker in the Hunt Building, had requested Police that he be appointed a Special Police Officer, Mr. Pray has had a great deal of trouble with loiterers and vandals. Mr. Potter moved that Mr. Pray be appointed a Special Police Officer, Mr. Rowse seconded the motion and it was so voted. Smith case. Mr. Ross moved that no action be taken on the case of Officer George Smith. Mr. Potter seconded the motion and it was so voted. Clerk - Mr. Clark moved that the Board approve the sum of ,Park Dept. $364.00 for the Clerk in the Park Department rather than $637.00. Mr. Rowse seconded the motion and it was so voted. The Board signed the following commitments: Commitments. Water Miscellaneous 23.50 Water Connections 33.01 Sewer Connections 67.78 Letter was received from Lillian L. Viano, Trustee, Viano asking that the Selectmen do anything possible to help request for her protect her property in Lexington Center. Attached protection to her letter was a'letter from one of her tenants in of property. which he stated that he was vacating the property because of the hoodlums that congregate on the sidewglk, etc. The Clerk was instructed to notify the Chief of Police of Miss Viano's complaint and request hied to remedy the situation. The Board signed an order for the construction of a water main in Candlewick Close, as follows: I ORDBR OF TAKING By the Town of Lexington of Easement for the ' Construction of a Water Main. CANDLEWICK CLOSE (From Reed Street a distance of approximately 250 feet southwesterly). WHEREAS, at a meeting duly called and held on March 15, 1937 and .adjourned to March 22, 1937,.the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted -.,That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1937 in accordance with authority contained in the By -Laws of the Town, subject -to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $2,000.00 be appropriated, this money to be provided by the transfer of $1,650.00 from the Water Assessment Fund, and the transfer of $350.00 from the Water Department Available Surplus Account", AND WHEREAS, the right of way and easement hereinafter ' described and taken are necessary for the establishment and maintenance of the said water main; NOW.. THEREFORE, the Board of Selectmen of the Town bf Lexington, acting as a Board of Water and Sewer Commission- ers, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Candlewick Close, from Reed Street a distance of approximately 250 feet southwesterly as aforesaid, the following easement, namely: A. The right to enter upon the land shown as Candlewick Close`on a plan entitled, "Plan of Proposed Water Main in Candlewick Close, Lexington,, Mass,, Scale: 1 in. - 40 ft., Mar. 3, 1938, Joseph A. Ross, Supt., Water Dept." and owned by Dana T. Lowell, and construct therein a line of water main with all necessary connections, shut -offs and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated March 3, 1938, to be recordedherewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the Town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time 257 Candlewick Close water order. 258 to time the said water main, (the said town being always bound to work in see each that case the ground after is cleared of all the completion of the surplus material End surface left in as smooth and good condition as at the ' time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt., Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this eighth day of March, 1938. Archibald R. Giroux Selectmen William G. Potter Albert A. Ross of A. Edward Rowse Philip M. C]a rk Lexington.. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. March 8, 1938 Then personally appeared the above named Archibald R. Giroux, William G. Potter, Philip M. Clark, Albert A. Ross, and A. Edward Rowse and severally acknowledge the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me.,,_ James J. Carroll Notary Public (Term - Marr. 11, 1938) 1 1 259 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDLR CANDLEWICK CLOSE (From Reed Street a distance of approximately 250 feet southwesterly. Owner as of Jan. 1st, 1938. Lot No. Assessment Dana T. Lowell 2 $86.01 tt n ►r 3 95.43 tt ►► n 4 96.18 et n tt 5 67.58 Messrs'. Morse and Mitchell appeared before the Board Welfare in regard to welfare matters. .The meeting adjourned at 9:50 P.M. A true record, Attest: Clerk, 1 1