The Medford Turnpike Corporation agree with Samuel Dexter of Boston Esqr. that he, his heirs and assigns forever, shall have the right of opening and keeping open a sluiceway under the Medford Turnpike, in addition to that which has been opened and is maintained at the expense of the corporation. The said new sluice to be opened and maintained for the benefit of the said Dexter, and at the proper charge of him, his heirs and assigns. Which is not to exceed five feet in height or in breadth. And it is also agreed that said Dexter, his heirs and assigns shall have the right of making and managing gates on either side of either of said sluiceways, for the purpose of flowing his marsh with salt water or with fresh water, or draining the same at pleasure. And said Dexter for himself, his heirs and assigns, agrees with the said corporation, that they shall be forever indemnified for any damage that shall manifestly appear to be occasioned to said turnpike road on the old sluiceway by said sluice so to be opened by him, or by the flowing of said marsh as aforesaid. And if the parties cannot agree upon the same, it shall be ascertained by three referees, and if they cannot agree on such referees, the said corporation shall have the right at all times to apply to the Chief Justice of the Sup. Jud. Court of
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