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[64]

Whereas, there was an order of the General Court, in the year 1691, referring to the settlement of Mistick Bridge to the County Court of Middlesex, the said Court ordering the repairing of said bridge to be by the respective towns of Charlestown, Woburn, Malden, Reading, and Medford, according to their wonted manner, till the Court make further provisions, and the defects of said bridge having been presented to this Court before the late law respecting bridges, this Court order that the said respective towns do forthwith make sufficient repairs of the said defect of said bridge, upon pains and penalty of £ 5 fine, to their Majesties for their respective defaults of each of the said towns; and then to make return of their doings therein to the next General Sessions of the Peace for Middlesex; and that for the future it shall be left to the determination of the law.

This decision was not palatable to the defendants. Medford's action in the premises is recorded as follows: Voted, in a “general town-meeting, January 11, 1694, that the persons above said are to attend the premises, from Court to Court, until there shall be a final determination and settlement of Mistick Bridge.” This Committee performed their duty faithfully, and the result is recorded above; but, in 1698, Medford was again presented to the Court for defect in the bridge. On the 7th of March, the town came together, and voted “to empower a lawyer referring to answer a presentment for defect in Mistick Bridge.” March 28, 1698: “Voted to empower Mr. John Leverett for the further defending the town referring to Mistick Bridge, in case there be need; and said town to pay lawyer's charges and other necessary charges that may arise in defence of said bridge, as above said.” In connection with this case, the town resolve, that, if a man attended Court for sixty days, he should be paid £ 3; and for any less term, 1s. 6d. per day. The bridge seemed to have a wonderful aptitude in getting out of repair; and, as Medford was liable to be indicted for the fact, the bridge became the standing vexation of the town. April 3, 1702, the inhabitants appoint three of their number as a Committee to treat with Woburn, Reading, and Malden, on the repairing and maintaining said bridge. Nine years bring up again the same question; and, May 24, 1711, the town voted “to desire the selectmen of the town to procure such records of Court or Courts as may give information of the division of Mistick Bridge to the several neighboring towns for the repair of the same.” This vote, while it shows us there had

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