7/21/1837 · AGREEMENT · book 6 page 387 doc 10019

387 Whereas there has Subisted a Controversy, between Samuel Gardner of Hop kinton and Augusta Saunders Sunders of Wickford, both of the County of Washington and State of Rhode Island, of the one part, and James Palmer Jonathan Jonathan Jonathan Jonathan and John Johnson Edward Rogers Joseph Gideon and Salmon and Beddish Buckingham all of Charlestown; Thomas Barber of Hopkinton and Mel Buckingham and Cornelius Sutton both of Wickford, all the County of Washington to respond and Concerning said Gardner and Saunders desiring to have a Mill dam which Dam Drawn by the hand of the aforesaid James Palmer Jonathan Jonathan Jonathan John Johnson Edward Rogers Joseph Gideon Salmon and Beddish Buckingham Thomas Barber Beddish Buckingham Mel Buckingham John Johnson Edward Rogers Joseph Gideon Salmon and Beddish Buckingham and Cornelius Sutton. And in order to make a full and final Settlement of the said Dispute submitting however the Parties the said Samuel Gardner and Augusta Saunders Sunders obliging themselves to secure their Mill dam Eight feet higher than was done now, and there is a Monument to be placed next on Pequawket Brook the one at the Mouth of the Broad Brook branch James Palmer and Augusta Saunders and the other to be placed at the bridge on Pequawket Brook Buckingham and the other to be the place at the bridge on Pequawket Brook capable to mark or Monuments there fixed by war, void further than they may, a Man ument to be created near said Gardner Mill dam which monument remains said Mill is to be of Eight feet higher with the Mill after water dam has taken down Eight feet higher than the top of the Cap piece of your dam now is, and the said Samuel Gardner and Augusta Saunders and continuing from and first obliging themselves that provided the Water in the River should run higher so high water, or rise higher than the Monument fixed on Pequawket Brook then in that case the said Gardner and Saunders with other parties the Mill dam to open this Mill dam a sufficient Course to allow the water drain lower as the Monuments in brook are fixed, and other of further offering of said dam short a time it can be possible the dam, and other of further offering of said dam and draining the water as low as the monument are fixed as soon as the water can be reduced to what amount, then the said Gardner and Saunders Mutually agree to stop any of the presents full cost and damages that arising of the aforesaid parties under Contract by will but, with the understanding in the meaning of the Parties that heral any time between the first day of October the said Gardner with Saunders may use their first Eat or place on the top of the dam, simply not exceeding of four inches under and keep said dam water until the first day of April and no longer, and then to take void Brook area in consideration whereas the said James Palmer Jonathan Jonathan Jonathan Edward Rogers Joseph Gideon Salmon Beddish Buckingham Thomas Barber Beddish Buckingham and Cornelius Sutton do agree with the said Gardner and Saunders while their Mill dam agree with the agreement in this article that then they parties agree to relinquish the payment for the damages that had excessive said Gardner and Saunders upon said Gardner and Saunders, and relinquishing all cost recorded in said agreement by the parties aforesaid, to be forever and all and any former and agreement with the Subscribers bound ourselves, our heirs and assign forever to maintain, to defend, and to perform forever. In witness whereof we have hereunto set our hands and affixed our Seals this twenty sixth day of October AD 1796. Signed Sealed and delivered in presence of Walter White [illegible] [illegible] John July 28 39 [illegible] S. Attonton J.C. (the above is a true Copy of the [illegible] Samuel Gardner Original in my hands for myself. Walter White) Augusta Saunders James Palmer Jonathan Jonathan Beddish Buckingham Edward Rogers Cornelius Sutton Thomas Barber Jonathan Jonathan [illegible] John Johnson