History of Northampton, Massachusetts, from its settlement in 1654;

92 HISTORY OF NORTHAMPTON. [1743.
tor's fuel till "next Tuesday," and in case it was not then
forthcoming, the whole amount needed, including what
had already been furnished, was to be paid for from the
town rate. In the face of such a vote it seems improbable
that the quantity of wood furnished on the date mentioned
would have been very large.
Lower Grist-3iiii In 1T42, permission was granted to Samuel
'^'ant. and Moses Kingsley and Samuel Marshall
to set up a Grist-Mill on Mill River, against
the rear of their home lots, if they would build it within
two years. This location was on or near the site of the present
lower mil] (Lamb's wire mill), just above the South
Street Boulevard Bridge. The Kingsleys lived on the south
side of the river and Marshall on the north. As the mill
was not completed within the time specified, the town extended
the limit and gave permission to raise the dam to
the height of seven feet.
Lawsuit about the Tliis led to a couteutiou with the owners of
^i'^- the upper mill (now Maynard's Hoe Shop)
in which the town became involved, and
which was continued for more than thirty years. The mill
was built, and had been in operation some fifteen years,
when it was shut down and for some time remained "unimproved,"
on account of a suit for damages brought by
the owners of the upper mill, against the Kingsleys. A
committee was appointed by the town to investigate, and
on the strength of their report, it was voted to '
' save the
Kingsleys harmless against all actions and demands of the
upper mill proprietors, provided they keep their mill in
order and do not raise the water to a depth of over seven
feet." In 17(35, another suit was brought against the owners
of the lower mills, on account of alleged damages
caused by the flood of the previous year, which had set the
water back so as to obstruct the working of the old mill.
Arbitration was proposed but the Kingsleys refused to
al)ide by it, claiming indemnity from the town. The case
went before the court, and the Kingsleys recovered. In
17GG, the town paid the amount awarded by the court and
appointed a committee to arrange matters between the contending
parties. This committee was instructed to fix an