Paine’s Minutes of the Trial1
Plymouth Inferior Court, July 1768
Mr. Adams. The grass was good till it was pastured and the bushes grew up; if the mill had not been built, his neglect would have filld up the natural Course and spoil’d the Meadow.
Why did not he bring his action in the time of it?2
He has no damages for what he bought 5 years ago.3
The fall of water. I knew a meadow. [. . .] Duke of Bridgwater’s Cannel.4
1. Paine Law Notes.
2. The writ alleged the flooding to have commenced five years prior to 24 March 1768 (the date of the writ) and to have continued until that date. The applicable statute of limitations was five years. Act of 7 July 1740, 2 A&R description begins The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, ed. Ellis Ames, Abner C. Goodell, et al., Boston, 1869–1922; 21 vols. description ends 1020. Compare No. 20.
3. Last two words unclear in MS.
4. Francis Egerton, 3d Duke of Bridgwater (1736–1806), commissioned James Brindley (1716–1772) to construct a canal from Worsley to Manchester. The canal was one of the major engineering achievements of the century.