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effect . . . . until a release and discharge of all the covenants of warranty made by this Commonwealth of any of the lands conveyed by said Commonwealth, lying at or near Lechmere's Point mentioned in this Act, shall be obtained from the person or persons who are legally authorized to make such release or discharge.”
So also when John C. Jones, Loammi Baldwin, Aaron Dexter, Benjamin Weld, Joseph Coolidge, Jr., Benjamin Joy, Gorham Parsons, Jonathan Ingersoll, John Beach, Abijah Cheever, William B. Hutchins, Stephen Howard, and Andrew Craigie, with their associates, were incorporated, Feb. 27, 1807, with authority to erect Canal Bridge, familiarly called Craigie's Bridge, from “the northwesterly end of Leverett street” in Boston “to the east end of Lechmere's Point,” a similar provision was inserted that the act should be of no effect “until a release and discharge of all the covenants of warranty contained in the deed of James Prescott, Joseph Hosmer, and Samuel Thatcher, Esqs., unto Andrew Cabot and his assigns shall be made and obtained from Andrew Craigie or the person or persons who are legally authorized to make such release and discharge.”
The memorial setting forth this claim of damage is mentioned in the Records of the Executive Council, Feb. 9, 1807, while the petition for leave to erect Canal Bridge was pending in the General Court: “The Committee to whom was referred the memorial of Andrew Craigie, praying that some measures might be adopted to ascertain the terms on which his claim to damages for a breach of the covenant of warranty contained in a deed made by this Commonwealth to Andrew Cabot of land lying at or near Lechmere's Point, so called, and on which the same claim may be adjusted, beg leave to report: that on the 24th of November, 1779, this Commonwealth by its Committee conveyed to Andrew Cabot the fifty-four acres and one quarter of land as stated in the said memorial, in which deed of conveyance there was a general warranty against the lawful claims and demands of all persons; that the said Andrew Craigie by sundry successive conveyances duly executed is the assignee of the said Cabot, and is by law entitled to the benefits of the said warranty and capable of discharging the same; that the said fifty-four acres and one quarter of an acre, on the death of Richard Lechmere, will by law revert to Mary Lechmere his wife, or to her heirs, in whose right the said Richard possessed the same at the time of its confiscation; that the land in question, from its local situation, appears to be capable of important improvements, but from various connecting ”
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