CHAP. XXVIII.

Governor's Message.

January 16th, 1821.

Gentlemen of the Senate, and

Gentlemen of the House of Representatives,

I have to announce to you, the resignation and discharge of Major General Epaphras Hoyt; in consequence of which a vacancy exists in the office of Major General.in.the Fourth

Division of the Militia.

The Secretary will also lay before you the annual return of the Militia, together with the returns of the ordnance and military stores of every description, belonging to the Commonwealth.

Council Chamber, January 16, 1821.

JOHN BROOKS.

CHAP. XXIX.

Resolve empowering Naomi Pease to give a Deed of a certain piece of Land. January 18th, 1821.

On the petition of Noami Pease, of Northampton, in the County of Hampshire, widow and administratrix of Walter Pease, late of said Northampton, deceased, intestate, stating, that on the 19th day of January, one thousand eight hundred and nineteen, the said deceased made a verbal contract with one Thomas Pomeroy, of said Northampton, to sell and convey to him, by deed of warranty, a certain piece of land, lying in said Northampton, and bounded as follows, viz. Beginning at a stake and stones in the line of the county road, leading to Chesterfield, five rods east of the easterly corner of Gaius Burt's land; thence north eighteen and half degrees east, fifty four rods, to a stake and stones; thence south thirty degrees east, twenty four rods, to a stake and stones; thence north sixty eight degrees east, twenty one rods, to a stake and stones; thence south eighteen and

half degrees west, fifty five rods, to the line of said road; thence westerly on said road, to the first mentioned bounds, containing ten acres and one hundred and forty nine rods. Also, one undivided half of a piece of land adjoining the above described land, and bounded as follows; westerly on Gaius Burt, northerly on F. H. Wright's land, easterly on Asahel Pomeroy, partly, and partly on Elijah Phelps' land, and southerly on the county road aforesaid: That the consideration agreed to be paid and received for said land, was one hundred and forty dollars; that the said Pomeroy, immediately after said contract, entered into possession of said land, and has improved the same to the present time: That, at the time of the said contract, the said Walter agreed to execute a deed of said land to said Thomas, so soon as he should pay one hundred dollars of the purchase money, but that no particular time for paying the remainder was stipulated; that previous to the first day of February last, the said Thomas had actually paid to the said Walter, ninety three dollars towards said purchase money, and that said Thomas is now ready to pay the residue of said sum; that the said Walter died after a short illness, on the eighteenth day of said February, not having executed the deed aforesaid:

Resolved, For reasons set forth in said petition, that Naomi Pease, Administratrix of Walter Pease, late of Northampton, deceased, be, and she hereby is authorized and empowered to make and execute a deed of warranty to the said Thomas Pomeroy, of the land above described, he first paying to her the remainder of the purchase money aforesaid, which remains unpaid; which deed shall have the same force and effect, as if made and executed by the said Walter, in his life time.

CHAP. XXX.

Resolve granting $4000 for the use of the State Prison. January 19th, 1821.

Resolved, That there be allowed and paid out of the public treasury, for the use of the State Prison, four thousand dollars, to be drawn from the treasury by the Warden

of said prison, in such sums as the Directors shall from time to time direct; and His Excellency the Governor, with the advice of the Council, is hereby requested to draw on the Treasurer for said sum accordingly.

CHAP. XXXI.

Resolve for the Messenger to sell Old Iron, &c. &c.
January 19th, 1821.

Resolved, That the Messenger be directed to dispose of such iron plates, old iron and stoves belonging to the Commonwealth, as has become useless, and pay the amount received therefor, into the treasury of the State.

CHAP. XXXII.

Governor's Message. January 22d, 1821.

Gentlemen of the Senate, and

Gentlemen of the House of Representatives,

The Secretary will lay before you sundry resolutions of the Legislatures of the States of New Hampshire and Maine.

Council Chamber, January 22d, 1821.

JOHN BROOKS.

CHAP. XXXIII.

Resolve to repay the Cumberland Bank $1000.
January 23d, 1821.

On the petition of the President and Directors of the Cumberland Bank, at Portland, representing that, in the month

of April, one thousand eight hundred and twenty, they paid one thousand dollars into the treasury of Massachusetts, as the semi-annual tax on said bank, due on the first day of said month of April, and that subsequently to said payment, they were called upon by the Treasurer of the State of Maine, in virtue of a resolve of the Legislature of that State, passed June the twenty third, one thousand eight hundred and twenty, to pay the same sum, for said tax, into the treasury of Maine, and it was paid accordingly, and so has been twice paid, as appears also by a communication from the said Treasurer, dated August thirty first, one thousand eight hundred and twenty:

Resolved, For reasons set forth in said petition, and because of the resolve aforesaid, that there be paid back, and the Treasurer is hereby authorized and directed to pay back to the President and Directors of the Cumberland Bank, in Portland, the said tax of one thousand dollars, taking a receipt, in discharge, for the same. And His Excellency the Governor, with the consent of the Council, is hereby requested to draw his warrant on the treasury accordingly.

CHAP. XXXIV.

Resolve on petition of the Second Precinct in Rochester, making valid the records and proceedings.

January 23d, 1821.

On the petition of the Second Precinct in the Town of Rochester, in the County of Plymouth, praying that certain proceedings therein stated may be rendered valid;

Resolved, For reasons set forth in said petition, that the records and proceedings referred to in said petition be, and they hereby are confirmed and rendered valid to all intents; provided, nothing in this resolve contained, shall affect any suit or action which has hitherto been commenced.

Resolve empowering the Assessors of Pittsfield to issue a warrant to collect certain Taxes. January 24th, 1821.

On the petition of John B. Root and Richard Cogswell, sureties of Benjamin Cogswell, late Constable and Collector of Taxes in the Town of Pittsfield, County of Berkshire, now deceased, praying that the present Assessors of said town, or their successors in office, may be authorized and empowered to issue their warrant for the collection of that part of the taxes, assessed by the Assessors of the said Town of Pittsfield, for the year of our Lord one thousand eight hundred and fifteen, sixteen and seventeen, which still remains uncollected;

Resolved, That for reasons set forth in said petition, that the present Assessors of said Town of Pittsfield, or their successors in office be, and they are hereby authorized and empowered to issue their warrant to Reuben Brooks, or any other person or persons, authorizing and directing him or them to collect, in the manner prescribed by law, whatever remains due and unpaid upon the list of assessments for said town, for the year of our Lord one thousand eight hundred and fifteen, one thousand eight hundred and sixteen, one thousand eight hundred and seventeen, and to pay over the same according to the directions of the law.

CHAP. XXXVI.

Resolve on the petition of the Town of Chester.
January 25th, 1821,

Resolved, For reasons set forth in the petition of the Town of Chester, in the County of Hampden, that the Justices of the Court of Sessions for said county, be authorized and directed to add to their other county estimates for a tax for said county, such sum or sums of money as the said Justices shall from time to time determine to be necessary and proper, and order the payment of the same out of the