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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0003-0002-0007
2. Burbank was taken and committed in accordance with King's writ on 12 March 1773. SF 139590. Although judgment in his favor was handed down atthe Inferior Court, March term 1773, the attachment apparently remained in force pending the appeal. By statute, execution on the Inferior Court judgment was stayed. The process in that court seems to have served also to compel appearance in the Superior Court, the defendant's protection being the bond which the appellant had to post. The statutory provision that no person imprisoned on mesne process was to remain in jail more than 30 days after the rising of the court to which the process was returnable unless his body had been taken in execution was thus apparently suspended by the stay of execution on appeal. See Act of 12 June 1701, §§8, 9, 11, 1 A&R 465–466.