dicial to any private person, that said ancient road leading by said mill, cannot reasonably be made passable, but that the road leading from Adams his gate, is the most advantagious for the publick and least prejudicial to any particular person.
And that the said road should be continued as it is now improved, allowing three rods in width from said gate to the northermost line in Simms his farm. . . .
The Court thereupon issues an order for a jury to lay out the said highway, and on Oct. 25, 1709, the jury submitted their report: Beginning at Adams his gate in said Menotomy, allowing three rods in breadth to the Wares, in the same place where the road now lyeth and hath been for a long time improved, . . . and from said Wares to Ebenezer Brooks his gate, by his gate as the way now lyeth, three rod, which is between said Brooks and Jno. Francis, bounded in said Francis his land, by stakes which we set up in some old postholes, about six feet within said Francis fence as it now sta