defaulters upon recognizances being usually warned to attend in
the Michl. Sessions to shew cause why they shoud not be
Estreatedas a Necessary caution and means to prevent.
wrongfull Estreats: which Session never close till within a
few days of the Term.

The late Clk of the Peace contends for the recovery of the
Office, and has procured a Writ of Certiorari to remove the
Order for his discharge into BK. And upon that ground has
refused to deliver the Records, except a few on the 1st day of
Session, but detains the same against the demand of the
present Clk of the peace , and also of the Courts Order
amongst which are the Books and Recognizances from which
the greatest part of the Estreat, is to be made, nor have the
usual Warnings been sent.

By this means, if it shall be deemed the duty of the
present Clk of the peace to make up the whole Years Estreat
he has been prevented: and has been able only, to prepare that
of the Sessions, which he himself attended, Vizt. Septr. Hoe

It is apprehended that from irregular Entries of fines and
forfeitures for part of the Current Years, it wou'd be next to
Impossible for the Clerk of the peace that now is, to make
up a correct Estreat, either agreable to the Oath or to Secure him
form losses, had the Recognizances and Books been delivered
to him, when demanded (having had different Deputies and
Clerks)

Your opinion and advice is desired what her Mr. Butcher
the present Clk. of the peace is Obliged by the Statute or
Course of the Exchequer to make up and deliver the Estreats
of the Sessions held in the time of his Predecessor, or whether
it does not still properly belong to the latter, tho removed from
his Office before the usual time of Delivery

It has been usual upon the death of a Clerk of the Peace for
his Exors or admors to return such Sessions as was held in
his Life time, and the remainder of the Sessions to be returned
by the Succeeding one so as to compleat the Year
In this Case Mrs. Butler can only return such Session
as he