THE WRIT OF PERSONAL REPLEVIN
Commonwealth of Massachusetts, Suffolk, ss.
To the Sheriff of our County of Suffolk, or his Deputy, or either of the Coroners thereof, Greeting:
WE command you that, justly and without delay, you cause to be replevied Anthony Burns, of Boston, in our said county, laborer, who (as it is said) is taken and detained at Boston, within our said county, by the duress of Charles F. Suttle, of Alexandria, in the State of Virginia, trader, that he, the said Burns, may appear at our Court of Common Pleas next to be holden at Boston, within and for our said County of Suffolk, on the first Tuesday of July next, then and there in our said Court to demand right and justice against the said Suttle for the duress and imprisonment aforesaid, and to prosecute his replevin as the law directs. Provided the said Anthony Burns shall, before his deliverance, give bond to the said Charles F. Suttle in such sum as you shall consider reasonable, and with two sureties at the least, having sufficient within your county, with condition to appear at our said Court to prosecute his replevin against the said Suttle, and to have his body there ready to be re-delivered if thereto ordered by the Court, and to pay all such damages and costs as shall be then and there awarded against him. Then, and not otherwise, are you to deliver him. And if the said Anthony Burns be by you delivered at any day before the sitting of our said Court, you are to summon the said Suttle, by serving him with an attested copy of this writ, that be may appear at our said Court to answer to the said Anthony Burns.
Witness, DANIEL WELLS, Esquire, at Boston, the second day of June,1 in the year of our Lord one thousand eight hundred and fifty-four.
JOSEPH WILLARD, Clerk.
BOND.
KNOW all men by these presents, that we, Anthony Burns, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, laborer, as principal, and Francis Jackson, Timothy Gilbert, Wendell Phillips, and Samuel E. Sewall, all of said Boston, as sureties, are holden and stand firmly bound and obliged unto Charles F. Suttle, of Alexandria, in the State of Virginia, trader, in the full and just sum of five thousand dollars, to be paid unto the said Charles F. Suttle, his executors, administrators, or assigns: to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents: Sealed with our seals.--Dated the second day of June, in the year of our Lord one thousand eight hundred and fifty-four.
The condition of this obligation is such that whereas the said Burns has this day sued out a writ of personal replevin against said Suttle, returnable before the Court of Common Pleas next to be holden at said Boston, within and for said County of Suffolk, on the first Tuesday of July next--
Now if the said Burns shall appear at the said Court and prosecute his said replevin against the said Charles F. Suttle, and have his, the said Burns's, body there ready to be re-delivered if thereto ordered by the Court; and shall pay all such damages and costs as shall be then and there awarded against him--then this obligation shall be void, otherwise shall remain in force.
Signed, sealed, and delivered in presence of
LYSANDER SPOONER, Witness to F. J., T. G., and S. E. S.
CHAS. G. DAVIS,
To W. P. & A. BURNS
ANTONY BURNS, [Seal.]
By W. PHILLIPS.
WENDELL PHILLIPS. [Seal.]
TIMOTHY GILBERT. [Seal.]
FRANCIS JACKSON. [Seal.]
- E. SEWALL [Seal.]