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Browsing: Legal Papers of John Adams, Volume 2


This foot note contained in document ADMS-05-02-02-0006-0004-0001
8. As to the lading, see Boston News-Letter, 16 June 1768, p. 2, col. 1; Boston Evening-Post, 20 June 1768, p. 2, col. 1. Sunset was at 7:33 p.m. and high tide at 7:38 p.m. on 10 June. John Mein and John Fleeming, Register . . . 1768 18 (Boston, 1768). The accounts in note 9 below vary as to the time of the seizure according to the politics of the declarant. In question was a mistaken understanding that the limitation in the writ of assistance to daylight activities applied to seizures. 3 Hutchinson, Massachusetts Bay, ed. Mayo, 138 note; Boston Gazette, Supp., 23 Jan. 1769, p. 1, col. 3. Actually no writ was necessary to board, search, and seize a vessel. See 13 & 14 Car. 2, c. 11, §§4, 5 (1662); 7 & 8 Will. 3, c. 22, §6 (1696). The time was doubtless dictated in part by a delay in making the decision to seize, and in part by a desire to catch the tide. See Harrison to Powell, 13 June 1768, 3 Chalmers New England MSS 2, MH.