[p. 20] Massachusetts for the time being, to appoint them, and the award of such referees or the major part of them shall be final, and if the same shall not be satisfied by sd. Dexter, his heirs and assigns in thirty days after notice of such award and demand of payment in writing, this agreement shall be void; but said Dexter, his heirs and assigns, to satisfy such award notwithstanding.
Then follows the other part whereby Dexter
) guarantees the privilege of taking broken stone and gravel under certain limitations as consideration on his part.
It may be noticed that the above contains nothing of a mill either already built, or to be built, but probably business men of the ability of Mr. Brooks
and his associates knew what they were doing.
With the incoming of the salt-water tide twice a day to flood the mash
, as many called it, assisted by the fresh water of the brooks, the privileges thus granted created a new water power or mill privilege, in Medford
, and the turnpike thus became, though never so called, a milldam road.
Sometimes, however, it was called by a shorter prefix.
In 1848 the turnpike agent was directed ‘to Consult Counsell,’ and later ‘to confer with the Messrs.
in regard to damage sustained by the corporation by their neglecting to maintain their culvert,’ etc. The result of this conference was a three-party agreement.
The first party was the owner of the farm occupied by J. Q. Adams
; the second, the turnpike company; and the third ‘the owners of the saw and grist mills on the turnpike,’ William Tufts
, Edward Tufts
and Gershom Cutter
The first two and Joseph F. Tufts
were the farm owners, and James O. Curtis
, treasurer, represented the turnpike, which for a similar consideration of stone and gravel, agreed that the mill owners,
their heirs and assigns shall retain the right to the Culvert or sluice at said mills, and the right to keep the same open forever, under the conditions hereinafter named: said owners, their heirs and assigns, to maintain at their own expense and to keep in good repair so far as same affects said Turnpike.
Said Culvert at the mills is in addition to that which has been opened by said Corporation, and which