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H. Administrative Law

From: Adams Papers | Legal Papers of John Adams | Volume 1 | H. Administrative Law

1Editorial Note (Adams Papers)
As in England, the Massachusetts justices of the peace, singly and in their joint capacity as the Court of General Sessions of the Peace for each county, formed a kind of all-purpose administrative tribunal with jurisdiction in a wide variety of local government questions. Matters within their power included tavern licensing; the construction, repair, and use of highways; militia service;...
Fitch. 1st Question whether Appeal will lie? Page 33 of tem porary Acts. Art —. Otis . Case of Barnstable vs. Bodfish. June 1747, in Sessions. Superior Court, Barnstable July 1747. Prov. Law 21. Relations. Lynde. Bastardy, Highways—Ministers and Paupers, no Appeal has been allowed. Gridley. This not taking up the Law upon the sense of it: but is taking up one Part of the Law to make it...
3Editorial Note (Adams Papers)
Josiah Marshall had lived in Plympton from 1747 until 1753, and had then spent five years at Middleboro as master of the grammar school. In 1758 he returned to Plympton, but in either 1760 or 1762 moved again, to teach school at Pembroke. According to his own testimony, he remained in the latter town for two years and two months. His next stop cannot be determined with certainty, but at some...
Benja. Shurtliff. Deer. 21st 1753. Marshall went from Plympton to Middleborough. Josa. Marshall. 25 Aug. 1747 came to Plympton first, to 10 Novr. 1753. 7 July 1758, returned to Plympton from Middleborough, where I went first 21st Deer. 1753. 2 Years and 2 months at Pembroke. Came from there 4 Years ago last Spring. Mem. This Cause was decided in my favour, who was for Middleborough, by a great...
Warninig. Shurtleffe. J. Mar shall went from Plym pton to Mid dleborough 21. Dec. 1753. Mr. Josiah Marshal. Came to Plymp ton Augt. 1747 till 20th Novr. 1753. Then to Midd leborough , returned to Ply mpton 7th July 1758. Was Grammar School Master at Midd leborough . I went to Pembroke 4 yr. ago and kept school there 2 yr. and 2 months.
6Editorial Note (Adams Papers)
In August 1768, William Dix, a pauper, was removed from Boston to Chelsea by virtue of the warrant of John Hill, a Boston justice of the peace. The selectmen of Chelsea petitioned the Suffolk General Sessions in April 1769 for his return to Boston and for reimbursement of their expenses in his behalf. The petition, which was drafted by John Adams and is printed below, urged that Dix was not an...
Humbly Shew Thomas Pratt, Gentleman, Samuel Sprague, Yeoman, Samuel Serjeant, Gentleman, Samuel Watts Jnr, Gentleman, Samuel Pratt, Gentleman, all of Chelsea in said County and Select Men and overseers of the Poor of the Said Town, That on the Twenty third day of August Anno Domini 1768, one William Dix, a poor impotent Man, was, by Force of a Warrant given by John Hill Esqr. a Justice of the...
8Editorial Note (Adams Papers)
The constable of Roxbury had conveyed John Chaddock (alias Chadwick, Chattuck, or Shattuck), his wife, three children, and assorted household goods, to Brookline in January 1767, pursuant to a warrant of removal issued by a Roxbury justice of the peace. In 1760 the selectmen of Roxbury had warned a John Chaddock, or Chadwick, and family, out of the town after a two months’ stay. They now...
A great Number of Questions arise upon this Petition. 1 st. Whether a Justice of the Peace, can by Law, issue a Warrant for the Removal of a Pauper, from the Town where the Justice is an Inhabitant? 2. Whether a Warrant from the Select Men or Overseers of the Poor in a Town, to warn Strangers to depart, is good without warning those Strangers particularly? 3. Whether the Person warned in this...
Prov. Law. Page 23. Names returned. 2. Salk. 482. Anonimous. 3 Men and families. 2 Salk 485. Sylvanus Johnson. Foleys Poor Laws 427. Lenham vs. Peckham. Foley 426. Flixton vs. Roston. Form of an order of Removal, Burn V. 3, P. 378. V. 3, Page 377. 13 & 14 Car. 2, Chap. 12, cited in Burn V. 3, P. 375. Prov. Law, 4 W. & M. c. 12. Justice shall not act in his Town. 2 Strange 1173 Great Charte and...