Robert Treat Paine Papers, Volume 4
Arrangement of the Business assigned the members of the Committee for revising the Laws
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I. Militia Laws & Military Œconomy
To include
as well those Laws which more immediately relate thereto as also those which relate to
Deserters & false muster Rolls— Perpetual Castles & Forts— Temporary Soldiers exempt from Arrests for Smal Debts } New Laws Prisoners taken by Armed Vessels & prisoners of war Desertion of Soldiers, embezzeling Cloaths &c Towns enabled to raise money for the war Dangerous Persons restrained Post officers exempt from military Duty Deserters from the forces of our Allies -
II. Proprietors, Tenants in Common &c, of Lands Mills or other Estates. See Judge Sewalls III Article
to include &c
Proprietors in Common to tax & have Treasurers } Perpl. Records of Lands bro’t to severalty General Fields laws relating to them } Temp. Proprietors of Meeting Houses -
III. Regulation & Encouragement of Manufactures & Agriculture to include &c
Increase of Sheep & Goats— Temp - IV. Stiles Dates &c— See Act of Parl altering Stile
- V. Harvard Colledge American Academy & Phillips Academy
Mr. Bowdoin— -
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I. Support of Publick worship Schools oaths Marriages, divorce, records of Births & Deaths
to include &c
Propagating Xn. knowledge among the Indians } Perpetual Law relating to Jesuits & Popish Priests third Article Bill of Rights Act 4&5. Wm & M Ch 20 Schools in Temp. Laws
146
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II. Naval Officers, Customs, Imposts, Duties imports & exports
to include
Regulation of Seamen } Perpetual Exportation of Hides &c Horses &c Preservation of Naval Stores Naval Office establishment of &c } New Exportation of Masts & spars Mar[ene?] of this State, to increase, Articles not to be exported (expired)
Judge Cushing— -
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I. Town,
county &parish & precinct police under which is to be placed the regulation of tradesmen, inhabitancy, paupers, sick strangers, & town officers of every denomination, Pounds whiping Posts & Stocks.The particular & separate police of Boston & some other Seaports with their Harbours
to include &c
Building with Brick &c in Boston &c page 1 Poor, Rogues, Vagabonds &c—page 99 } Perpetual keeping watches in Towns Infectious Sicknesses, Hospitals. Powder Houses, Light Houses, Work Houses Fire preservation from firing Guns on Boston Neck Persons coming to Settle in this State Poor Children Firing Guns in Boston } Temp Hospital at Rainsford Island To prevent fires in Salem &c Innocucaling Hospitals. } New Townships Town Officers & their powers Powder House in Boston -
II. The Personal Rights of the Subject against Banishment &c
to include &c
Servants Negroes & Molattos } Perpetual Marriages with Negroes &c Priviledges of Subjects of the King of France— New. -
III. Laws relating to Preservation of Deer
Judge Sergeant— -
I The Inheritance, distribution & partition of Estates,
conveyances of the Same, Probate Court proceedings, Legacies, Frauds, Perjuries so far as they affect the Realty, Dower, Authority & Duty of Executors, Administrators & Guardians—The Remedies for & against eachto include &c
Registering Deeds & the operation of Reading Idiots & Distracted Persons } Perpetual Making lands liable to payment of Debts Posthumous Children Partition of Lands— Temp. Idiots & Distracted Persons } New Confiscation Bills -
II. All Actions quitam2 and all Statues giving an agrieved Party an Action or remedy, for a wrong in excessive usury &c trespass &c
to include &c
Nusances, Slaughter houses & cruelty to Brute Beasts } Perpetual Hawkers Pedlars &c Monopoly & Forestalling—New -
III. Taxes & collecting them—to include &c
Return of Treasurers Executions— Perpl. Taxes in places not incorporated—Temp 151 New Plant impowered to raise moneySee Mr. Bowdoins II Article
Judge Sewall— -
I. Establishments of all Courts and the proceedings of the same (except probate Courts) Bail Executions, Jurors, County Civil Officers, of every denomination except Registers of Deeds Affidavits, witnesses, chancery Lawsuits, prisons, prisoners,
to include
Bounds of Counties—Sheriffs Accounts Attornies } Perpetual Dukes County & Nantucket Courts Executive officers of others States to pass thro this Courts to adjourn to aboid small pox &c Incumbrances about the Court house Records of the Courts of Justice Offenders escaping from one State to another Actions to be bro’t on Judgements recovered in other States Two Justices may adjourn in case &c pages 55. 339 act 4. 5 W & M Ch. 20 148 Prevention of unnecessary Law suits } Temp. Jury to view in certain Cases Prisoners for Debt—Frauds in Debtors Bankrupts Maritime courts & laws relating to Armed Vessels— } New Limitation of Personal Actions Laws relating to Absentees Estates Persons obliged to give Evidence in other states Taking affidavits out of Court } New Chusing County Treasurers in Certain Cases Appeals to Congress in Maritime matters Courts for trying Felonies done on the high Seas -
II. All Assizes & Weights & measures—to include &c
Assize of casks packing fish beef &c tar &c } Perpetual Regulating & encouraging fishery Assize of Boards &c Shingles &c Bricks &c Making & Measuring Malt To prevent fraud in cord wood Assize of Bread. Sealers of Weights & Measures Assize & Gage of Casks packing fish &c } Temp. Pot: Ash & Pearl Ash—assaying cord-wood—Assize of Shingles &c Fire Wood & Bark to be measured— New -
III. Wolves—Government of Indians—Commissioners of Sewers
Distilling Rum Leaden heads &c— Intemperance &c} Perp. Unnecessary Petitions to Genl. court—Funerals—Pine trees } Temp. unruly Dogs—wild fowl— Disturbance to Genl. Court— Stage plays— Trade with the Indians—Bankrupt Laws Oaths of Office & Allegiance—Tests—disaffected persons } New Speedy recovery of Debt—Distilling Spirits from Corn
vendues—exclusion Bill—withholding necessaries &
refusing paper money—Soldiers Depreciation Notes—Indemnifying Bill
Judge Sullivan— -
I. The System of Criminal Law, and punishment of all offences criminalliter whether the same are mala in se or mala prohibita3
149to include &c.
Counterfieting Money—Gaming—Observation of the
Lord’s Day—Disorders by night—prohibition of Lotteries} Perp. Bribery &c—Riding with Naked Scyths—Duelling &c Gaming—Counterfieting money—profane swearing &c } Temp Incendary Letters—Riots &c—firing woods Forging Bills of Credit—Loan Certificates & Lottery tickets } New crimes against the Publick Safety—Treason -
II. Fish—fisheries, waifs, Strays & Treasure Trove
to prevent the destruction of oysters— Temp.
Sec: 4 & 5 Wm. & M. Ch. 20—And 1 & 2 Ann. Ch. 5
Attory. Genl.— -
I. Streets, Highways, Private ways & repairs.
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II. Fences, Cattle, Swine, Sheep,
pounds, replevins & rescousRegulation of Swine— Temp.
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III. Ferries & Bridges not maintained by particular Towns
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IV. Value of Coin & Oeconomy of Paper money
To include all the New laws relating to the Emissions of money, Loans, &c
Mr. Pickering— -
Let Judge Sullivan & Mr. Paine consult together that they may not interfere respecting the fishery
And Judge Sergeant & Judge Sullivan about Sealers of Weights & Measures as far as they are considered as Town Officers.
See Extract from the Minutes of the Massachusetts House of Representatives, Nov. 29, 1780 (above), which includes an initial breakdown of the work needed. James Bowdoin wrote to William Cushing conveying the same information and suggesting a meeting of the committee when the Supreme Judicial Court held its Boston session in Feb. 1781 to be followed by dinner at his home the next day (Bowdoin to Cushing, Dec. 22, 1780. William Cushing Papers, MHS). RTP noted in his diary that the Supreme Judicial Court met in Boston on Feb. 20, 1781, followed by dinner at the sheriff’s home. The next day he noted “dind Mr. Bowdoins” with no reference to a committee meeting.
A qui tam action refers to cases which give private parties the right to file a lawsuit on behalf of the government and receive a portion of what is recovered.
“Evil in itself” and “prohibited evil.”