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Browsing: Legal Papers of John Adams, Volume 2


Docno: ADMS-05-02-02-0002-0001-0003

Author: Adams, John
Date: 1767-12

Adams' Minutes of the Winslow Trial1

Barnstable Inferior Court, Barnstable, December 1767

Winslow qui tam vs. Clark
Hovey. 239. Page. Nusances in Rivers. Natural, usual or common Passage.2
{ 19 }
Wm. Robbins. Knows the Brook. Saw Clark make a Ware3 with sticks and stones and Boards. Saw James Clark cat[c]h Fish.
Thos. Snow.
Our Witnesses.
Lt. Freeman. No Water in the guzzell4 when Winslow Gates are down in Herring Time.
Tupper.
Clark.
1. In JA 's hand. Adams Papers, Microfilms, Reel No. 185. Dated from JA , Docket, Adams Papers. See note 1 above. Winslow was a justice of the quorum. Whitmore, Mass. Civil List 146.
2. James Hovey, counsel for Winslow, most probably refers to an Act of 1727: “[W]hosoever . . . shall sett up, erect or make any wears . . . or other incumbrances whatsoever, on or across any river for straitning, obstructing or stopping the natural, usual or common passage of fish, in the spring or other proper seasons of the year, without the approbation of the court of general sessions of the peace, shall, for every such offence, forfeit and pay the sum of ten pounds, to be sued for and recovered by plaint, bill or information in any of his majestie's courts of record within the county where the offence is committed; one half thereof to be to him that shall inform and sue for the same, and the other half to the poor of the town or towns where such incumbrances have been made or set up.” Act of 3 July 1727, 2 A&R 426. The Act appears at p. 239–240 of Acts and Laws of the Province of Massachusetts Bay.
3. That is, a weir, or dam.
4. “Guzzle”: “a gutter, drain.” OED .