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Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0006-0002-0001
18. The Province law was the Act of 26 June 1699, c. 3, § 1, 1 A&R 370, set out in note 4698 below. For the 1754 refusal to act, see note 961 below. The Superior Court could be said to have had a jurisdiction equivalent to that of the Exchequer over breaches of the Acts of Trade in England, because the acts applicable to the colonies gave concurrent jurisdiction of breaches there to the Courts of Vice Admiralty and the common-law courts. The Superior Court also had jurisdiction of breaches of provincial revenue acts. See 15 Car. 2, c. 7, §§6, 8 (1663); Act of 31 Jan. 1761, c. 20, §§14, 15, 20, 4 A&R 407. No evidence of a significant exercise of the jurisdiction under the English statutes has been found in the records or files of the Superior Court, however, and there seem to have been few actions under the Province acts. See p. 99, note 9, above; note 3082 below. For Parliament's later efforts to meet the problem of a general colonial lack of Exchequer jurisdiction, see note 29 below.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/