The Adams Papers Digital Edition is undergoing active maintenance while we work on improvements to the system. You may experience slow performance or the inability to access content. We apologize for any inconvenience this may cause. We will endeavor to return to full capabilities as soon as possible.
. 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
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.