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Browsing: Legal Papers of John Adams, Volume 2


This foot note contained in document ADMS-05-02-02-0006-0002-0001
25. 3 Hutchinson, Massachusetts Bay, ed. Mayo, 68; Quincy, Reports (Appendix) 414–416; Freiberg, Prelude to Purgatory 15 note. The inquiry was apparently directed by Hutchinson to William Bollan, former Massachusetts agent in London. According to Bollan's memorial of 1766, seeking preferment from the Duke of Newcastle, Hutchinson desired “to know whether such writs of assistance ever issue from the exchequer, except upon special information, and confined either to particular houses, or to particular goods of which information is made.” Bollan replied by sending him a copy of the writ from the Exchequer, which was similar to that used in Massachusetts in 1755, reproduced in text at note 48 100 below. Bollan also noted that “These writs upon any application of the commissioners of the customs to the proper officer of the court of Exchequer are made out of course by him, without any affidavit or order of the court.” Wolkins, “Bollan on Writs of Assistance,” 59 MHS, Procs. 415, 420 (1925–1926). See, as to the English practice, note 13 above.