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Chapter 43.

Chap. 43 RESOLVE ON THE PETITION OF JOHN BACON, ESQ; IN BEHALF

OF ELISHA MARTINDALE AND OTHERS, RESPECTING A RE-
SOLVE PASSED FEBRUARY THE TENTH, 1783; AND EMPOW-
ERING ASHBEL STRONG, AND OTHERS, TO EXECUTE A DEED
OF SALE OF THE LAND MENTIONED.

On the petition of John Bacon, in behalf of Elisha Martindale, of Lee, in the county of Berkshire, setting forth that in a resolve of the General Court, of February the tenth, 1783, on the petition of the said Elisha Martindale, there is a mere clerical mistake, as to the quantity of land mentioned in the said resolve, and praying that the said mistake may be rectified, which representation appearing to this Court to be true:

Resolved, That the resolve aforesaid be, and hereby is repealed, and that Ashbel Strong and Henry Williams Dwight, administrators on the estate of Thomas Williams, late of Stockbridge, Esq; deceased, be, and hereby are, authorized and empowered to make and execute a good and lawful deed of sale, unto the said Elisha Martindale, of a certain tract of land, in the town of Lee, containing two hundred and twenty acres, belonging to the estate of the aforesaid Thomas Williams, deceased, he the said Elisha, first paying to the aforesaid administrators, the sum of Four hundred and eighty pounds, with interest agreeable to contract, including such sum or sums of money as the said Elisha shall make appear to the said administrators that he paid to the said Thomas Williams, before his decease, being in part pay for the aforesaid tract of land; and the aforesaid administrators shall account with the Judge of Probate for the county of Berkshire, for the disposal of the money they shall receive by virtue of this resolve. June 28, 1784.

Chapter 44.

Chap. 44 RESOLVE ON THE PETITION OF COL. JOHN ALLAN, DIRECTING

THE COMMITTEE FOR METHODIZING PUBLIC ACCOUNTS, TO
SETTLE THE ACCOUNTS MENTIONED IN HIS PETITION.

On the petition of John Allan, Superintendant of Indians in the eastern department, praying for a settlement of his

accounts:

Ordered, That the accounts mentioned in the said petition, be referred to the committee appointed for methodizing and stating public accounts, who are hereby

authorized and empowered to settle the said accounts
with Col. John Allan, agreeable to justice, and charge
the same to the United States.
June 28, 1784.

Chapter 45.

RESOLVE FOR BONDS TO BE GIVEN BY THE TREASURER AND Chap. 45

THE COMMISSARY GENERAL OF THIS COMMONWEALTH, WITH
DIRECTIONS TO THE SECRETARY TO MAKE OUT THE BONDS,
FOR THE APPROBATION OF THE GENERAL COURT.

Resolved, That Thomas Ivers, Esq; Treasurer, give bond to this Commonwealth, in the sum of Thirty thousand pounds, with sufficient sureties for the faithful discharge of his said trust.

And that Richard Devens, Esq; Commissary General, give bond to this Commonwealth, in the sum of Eight thousand pounds, with sufficient sureties, for the faithful discharge of his said trust; and that the Secretary prepare said bonds, and lay them before the General Court for their approbation. June 28, 1784.

Chapter 46.

RESOLVE ON THE PETITION OF EPHRAIM FAIRBANKS, ESQ; IN Chap. 46

BEHALF OF THE TOWN OF BOLTON, EMPOWERING THE

ASSESSORS OF THE SAID TOWN TO COMMIT TO JOel fos-
GATE, THE BILLS MENTIONED.

On the petition of Ephraim Fairbanks, Esq; of the district of Berlin, lately set off from the town of Bolton, setting forth that some matters of difficulty have arisen respecting the collection of taxes, assessed before the division of the said town of Bolton, not committed to collectors before the said division, and praying that the assessors of Bolton may be authorized to commit the bills containing the taxes legally assessed on the inhabitants of the said Berlin, before the said division, to Joel Fosgate, of the said Berlin, by them legally chosen constable and collector for the said district, at their first legal meeting for chusing officers for the said district; and that the said Fosgate may be authorized to collect the said taxes, and a reasonable time allowed for the said collection:

Resolved, That the prayer of the petition be granted, and that the assessors of the town of Bolton be, and they are, hereby authorized and empowered, to commit unto Joel Fosgate, legally chosen constable for the district of Berlin, the bills mentioned in the said

petition, containing taxes legally assessed on the inhab-
itants of the said district of Berlin, before the division
of the said town of Bolton, with a warrant to collect and
to pay unto the Treasurer of the town of Bolton, such of
the aforementioned taxes as were properly town taxes,
and the said assessors are directed to transmit such of
them as were for the second moiety of the Continental
Tax, to the Treasurer of this Commonwealth; and the
said Joel Fosgate is hereby empowered and directed to
receive the said bill, to collect the taxes due thereon, and
pay them accordingly; governing himself according to
the laws of this Commonwealth, respecting the collection
of taxes.
June 29, 1784.

Chapter 48.*

Chap. 48 RESOLVE ON THE PETITION OF HENRY KNOX, ESQ; DIRECTING

THE JUDGE OF PROBATE FOR THE COUNTY OF SUFFOLK, TO
GRANT HIM A LETTER OF AGENCY ON THE ESTATE OF THE
LATE THOMAS FLUCKER, ESQ; TO THE SAID HENRY KNOX,
ESQ; HE GIVING BONDS SUFFICIENT TO THE SAID JUDGE.

On the petition of Henry Knox, Esq:

Resolved, That the Judge of Probate for the county of Suffolk, be, and he hereby is, directed to grant a letter of agency on the estate of the late Thomas Flucker, Esq; to Henry Knox, Esq; he giving bond with sufficient sureties to the said Judge, to account for the same estate, and to pay what remains of the same (after the just debts and legal charges thereof are satisfied) into the public treasury; and the said Henry Knox is empowered and directed to proceed in the settlement of the said estate, and the payment of the debts due therefrom, according to the direction of the law respecting administrators.

Provided nevertheless, That Joseph Pearce, the present agent, notwithstanding his being superseeded by the appointment of the said Henry Knox, as aforesaid, shall be held to account for all such parts of the said estate, as he has administered. June 28, 1784.

Chapter 49.

Chap. 49 A GRANT OF TWO HUNDRED POUNDS TO EACH OF THE DELE

GATES ELECTED TO REPRESENT THIS STATE IN CONGRESS.

Resolved, That there be allowed and paid out of the treasury of this Commonwealth, to each of the delegates, who are or may be appointed to represent this State in

*There is no chapter numbered 47 in the Session Pamphlet.

Congress, the year ensuing, and who shall proceed to
Congress for said purpose, the sum of Two hundred
pounds, they to be accountable for the sums they shall
respectively receive, to be deducted from the allowance
made them for their service.
June 29, 1784.

Chapter 50.

RESOLVE ON THE PETITION OF BENJAMIN CONVERS OF CHES- Chap. 50

TER, GIVING HIM LEAVE TO ENTER HIS APPEAL MENTIONED,
AT THE NEXT COURT OF COMMON PLEAS AT WORCESTER.

Upon the petition of Benjamin Convers of Chester, in the county of Hampshire, yeoman, praying for a new trial upon an action brought against him by Jacob Davis of Charlton, Esq; at a Court of Common Pleas held at Worcester, within and for the county of Worcester, on the first Tuesday in September last:

Resolved, That the petitioner have leave to enter his appeal from the said judgment given in the action aforesaid by the said Court, with the clerk thereof, at the next Court of Common Pleas to he holden at said Worcester, within and for the county aforesaid, on the first Tuesday in September next, and shall recognize as the Justices of the same Court shall direct, to prosecute his appeal at the Supreme Judicial Court, next to be holden at Worcester, within and for the county aforesaid, on the third Tuesday in September next, and the said petitioner is hereby fully authorized to enter his appeal at the same Supreme Judicial Court, and shall then and there have full liberty to plead, and have a trial upon the same action, in the same manner as if the same appeal had been in the common and ordinary course of law, and the execution which hath been issued upon the same judgment aforesaid, shall have the same force and effect, as if the trial so had at the Supreme Judicial Court, was on a review of the action, and no other. June 29, 1784.

Chapter 51.

RESOLVE GRANTING SEVEN THOUSAND SEVEN HUNDRED AND Chap. 51

TWENTY-ONE POUNDS, EIGHTEEN SHILLINGS AND SEVEN
PENCE, TO MR. JOSEPH RUGGLES, ON THE ORDER OF con-
GRESS IN FAVOUR OF JEREMIAH WADSWORTH, ESQ; DATED
THE 15TH OF APRIL, 1780, OUT OF THE TAX GRANTED IN
OCTOBER, 1781.

Whereas the sum of Seven thousand seven hundred and twenty-one pounds, eighteen shillings and seven pence, is

due to Joseph Ruggles, and others, for supplies of provisions for the use of the army of the United States, which was to have been paid on an order of Congress in favor of Jeremiah Wadsworth, Esq; dated the fifteenth day of April, 1780, for One million nine hundred thousand dollars; and whereas by a resolve of the General Court of the eighth day of March last past, it was resolved that the said sum now due as aforesaid, should be paid from the proceeds of the tax then next to be granted, and as the so deferring the payment thereof will greatly distress those to whom the same is due, and it now appearing to this Court that part of the tax granted in October, 1781, was appropriated for the payment thereof:

Therefore Resolved, That the said sum of Seven thousand seven hundred and twenty-one pounds, eighteen shillings and seven pence, shall be paid out of the treasury of this Commonwealth on the said order, out of the said tax granted in October, 1781, or any subsequent State tax, at such periods as the circumstances of the treasury will admit; the said resolve of the eighth day of March last past, notwithstanding. June 30, 1784.

Chapter 52.

Chap. 52 RESOLVE ENTITLING CAPT. SAMUEL CLARK, TO ONE EIGHTH

PART OF PAY AS A CAPTAIN.

On the representation of John Lucas, Esq; Commissary of pensioners, in behalf of Captain Samuel Clark, who was wounded in the service of the United States:

Resolved, That the said Samuel Clark, be entitled to one eighth part of pay as a Captain, from the seventeenth day of November, one thousand seven hundred and eighty-one, till the further order of the General Court or Congress. June 30, 1784.

Chapter 53.

Chap. 53 RESOLVE DIRECTING THE SECRETARY TO FURNISH AGENTS

APPOINTED TO PROSECUTE THE CLAIMS OF THIS COMMON-
WEALTH TO LANDS WEST of HUDSON'S RIVER, WITH COPIES
OF RECORDS AND PAPERS, &c. AND A GRANT TO THE SAID
AGENTS, TO ACCOMPLISH THE SAID BUSINESS, OF FIVE HUN-
DRED POUNDS.

Resolved, That the Secretary of this Commonwealth, be, and he hereby is, directed to furnish the agents who

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