A website from the Massachusetts Historical Society; founded 1791.
close

Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0006-0004-0001
28. See 4 Geo. 3, c. 15, §§37, 41, 42 (1764), quoted, text at notes 582, 1693, 1996, below. In England the Attorney General would proceed for penalties owed the Crown, but where forfeitures were divided between informer and Crown, the usual form was the qui tam action brought by the informer for himself and other parties. See 3 Blackstone, Commentaries *160, 261–262; 4 id. at *303–304. The form of the information shows that Sewall was proceeding in the latter capacity. See note 380 below. It has been suggested that retainers of £72 each paid to Sewall and Fitch in Oct. and Feb. for “sundry causes” disguise a single large fee necessary to get them to take on Hancock's case. Dickerson, Navigation Acts 263 note. The suggestion is refuted by the fact that on the docket of the Vice Admiralty Court at this period were seven forfeiture actions pending, as well as three penal suits. Vice Adm. Min. Bk., Oct. 1768—Feb. 1769. See, for example, No. 47, No. 48, No. 49. See also note 26 above.
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/