roads, and building bridges. Capt. Parrott estimates the cost of construction of the boom across the Aroostook, at eight thousand five hundred and eighty-eight dollars.

I cannot ascertain how much is now due for wages of the men, and some other bills outstanding. It is believed the whole expenditure and liabilities, including the expenditure for continuing the Aroostook road, cannot exceed one hundred and thirty-five thousand dollars. Nearly one hundred and seventeen thousand dollars have been paid. Outstanding claims are estimated at sixteen or seventeen thousand dollars more, and not including some provisions received of the militia, and some other small items.

This is exclusive of what was expended on the Aroostook road, under Ira Fish, which is estimated at nine or ten thousand dollars on the part of Maine. The bridge over the Matawamkeag, built by Maddox, at an expense of about four hundred dollars, is properly chargeable to this road; and which saved nearly double that sum in facilities for labor and in construction, this summer. That expended on township A, under the circumstances of that case, would seem to be justly chargeable to the proprietor; if he needs any legislative indulgence in perfecting his title now subject to mortgage, to secure the performance of the condition of his grant, which mortgage has been entered on to foreclose the same, for condition broken. It is believed not only the money consideration of this grant has not been paid, but that settling duties have not been complied with and cannot now be without legislative indulgence. Had the requisite population been in that township, we should not have been compelled to open a road there and hence the propriety of charging this expense to him.

It is believed this expenditure for the protection of the public lands, independent of every other consideration, has secured more than that amount of timber; a due proportion of which is on land of Massachusetts, and equity seems to require should be borne in the same proportion by that Commonwealth. In another point of view it is believed the expenditure has been well made, as opening avenues to the public land and bringing it into notice and settlement, and enabling the States to preserve their timber from depredation with trifling expense in future, and to realize its value.

In many instances the expenses may seem to be extravagant, in price of labor, supplies and materials, but when all the circumstances and the disadvantages under which we labored, are duly considered, it will be found, it is confidently believed, to have been in some cases unavoidable, and others justifiable. Much labor has been bestowed on the books and accounts, and some might think more than was necessary; but we preferred to have every item entered in full, which will facilitate the settlement to an extent that will fully justify the expense. At any rate, the books and vouchers will not only show the amount of expenditures, but the objects of payment, and prices in detail.

Of the roads opened this year, more than fifty miles are through the land of Maine, nearly all of which is fit for settlement; eleven miles through undivided land of Maine and Massachusetts; twenty-six through land of Massachusetts; and the residue over lands granted to corporations and individuals.

I advertised the settling land for sale, agreeably to the provisions of law. Under the impression that timber land, which the law requires to be sold at auction, would not be

saleable this year, I did not advertise any for sale. Unexpectedly, however, application was made to the Land Agent of Massachusetts and myself, to purchase undivided timber land, which can be sold at private sale, and we sold township No. 6, range 10; the south half of No. 7, same range; lots No. 1, 2, 3, 7, 8, 9, 13, 14, 15, 19, 20, 24, 25, 29, 30, 34, 35, 36, 37 and 38, in township No. 4, range 12; and lots No. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37, in township No. 4, range 13, west from the east line of the State. Whole amount of sales, fifty-four thousand six hundred and fortytwo acres, for the sum of eighty-nine thousand four hundred and twenty-seven dollars and twenty-eight cents; which, considering the quantity and quality of the timber and its location, and the character of the soil, is believed to be a fair price. The last two tracts lie on the Chesuncook lake, on the west branch of Penobscot river, and were sold at prices apparently low, to give the purchasers an interest to induce them to make the improvement in that branch, contemplated in the additional Act of the last Legislature, passed March 14th, being additional to an Act to incorporate the Chesuncook Company, and which, if accomplished, will greatly enhance the value of the timber on that river now unsold.

The State owns a few settling lots in some incorporated towns and unincorporated townships, the residue having been sold before the passage of the late settling laws. Many now will probably be forfeited, and be for sale under similar circumstances. These lots do not seem to come within the principle of the provisions of the present settling law as applicable to newly lotted townships since its passage, so far as applying three fourths of the price to make roads.

It is doubtful whether the late law was intended or does apply to these cases. Legislation would make it explicit. In 1835, township No. 3, range 14, was reported sold to three individuals and one firm, for sixty-four thousand four hundred and thirty-one dollars and twenty-six cents. Of this sum twenty-one thousand four hundred and seventy dollars and eight cents was paid in cash, and three notes for the residue given jointly by the purchasers, dated February 21st, 1835, for fourteen thousand three hundred and eighteen dollars and six cents each, payable in one, two and three years, with interest annually.

Three fourths of this township was in the summer following conveyed to various persons, not original purchasers, by different and unconditional deeds. On the first day of December, 1837, the other fourth part was conveyed by unconditional deed to William Emerson, one of the original purchasers, whose name alone now appears on the notes. At the time of the conveyance to Emerson, he made a mortgage deed to the State of certain vacant house lots in the city of Bangor, as collateral security for two of the notes, and also an assignment of ten shares in a pier corporation, for the same object, and as collateral to the other note, one fourth of which had been paid by another of the original purchasers of the township.

The whole amount now due on these notes is over fiftyone thousand dollars. The mortgaged property is of uncertain value and not at present saleable, and there is little prospect of its soon being available to much extent. Whatever may be Mr. Emerson's ability to pay these notes, they cannot be collected or made secure on personal property at present. The magnitude and peculiar circumstances of this debt, induces this special notice, for the purpose of asking legislative direction.

The Resolve of the 22d of January, 1839, in favor of Amos Davis, authorized and required the Land Agent, under certain restrictions, to convey by deed to said Davis three hundred acres of land that has been lotted, to be selected by him. Those interested in the Resolve, have applied to know if they can select the land from one of the townships appropriated for the use of Primary Schools, and if they do, whether I would give a deed. The Resolve is general in its terms, but the land in question had been previously appropriated for a specific purpose, and it struck me that without a special change, by the Legislature, of that appropriation, clearly expressed, I was not authorized to give a deed of land thus appropriated, on a selection under this floating right. I therefore gave them a negative answer. This, and some other matters in relation to these School lands, are deserving legislative attention. They have been considered subject in their management to the operation of the general laws for sale of settling land, but there may be a doubt if this be the correct construction. By the Act of February 23, 1829, they could be sold under direction of the Governor and Council, at private or public sale; and by Resolve of March 11th, 1834, they were to be selected and sold under the same direction at public sale. Whether this Resolve was intended to change the Act in the matter of private sale, has been questioned.

RUFUS MCINTIRE, Land Agent.

Augusta, January 1, 1840.