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[p. 19] flowed through the southern corner of Medford into Mystic river. The latter is now mostly subterranean at Tufts park. The former has lately been before our Board of Aldermen for alleged misconduct. Its source is on the southern slope of College (Walnut Tree) hill, near Broadway, and its course through the Tufts athletic field can easily be traced, but often innocent of water Passing beneath the railroad its course (when it has any, as in recent years) is changed somewhat,1 but returns to the old, before crossing the highway, and at the turnpike widens, and is the ‘Canal cut from Medford river wherein a lighter can come up,’2 once belonging to Isaac Royall. It does not appear that Captain Adams developed any water power from Two-penny brook; it was more likely that his action was in the interest of his brick yards near by.

But in 1813, in July, signed by Peter C. Brooks, president (and the seal of the corporation), on the part of the turnpike proprietors, and Samuel Dexter (and a seal) was the following ‘contract’:

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

1 See register, Vol. XIX, p. 13, Com. of J. H. Hooper.

2 See register, Vol. XVI, p. 77.

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