none but those who Attended afterwards could know unless very accurate memorandums
and marks had been continued during the time they remained in Mr. Wallers possion
(which was till the last day of Easter Term) the reverse whereof has been found to be
the Case, so that nothing therein can be rlyed on, And if that be the case with
respect of the Frist two Books the Objection is still greater with respect to the others,
made and continued entirely by Mr. Waller or Rees, And which it seems were not
made up and the Recognizances set down therein, till after the Sessions (and
some not at all) and the memorandums therein made from loose Seraps instead
of being immediately minutes, as the business proceeded in CourtHow then
could Mr. Jefferson with any propriety make up and Deliver this Estreat upon
Oath; He therefore signified his Doubts and difficulty in Court and observed it was
necessary the parties should be previously warnedTo this it was thrown out) by
Baron Perrot) that the warning of them was a sinister Application for the
sake of Fees; without considering the expediency of it in the least; which will
fully Appear in the Schedules herewith left.

Besides these Objections to Mr. Jefferson's returning the Estreat of Mr. Wallers
time, there are divers others; to mention a few, Mr. Jefferson who has been his
Deputy; in quitting that employment had effectually discharged himself of all
obligations of that sort; and his undertaking to excute it again at a distant
time under Mr. Butler does not reconnect him with Mr. Waller or his Office
Therefore tis submitted that either Mr. Waller as the late Officer or Mr. Butler
as the present, was the Person to be called upon to return that Estreat as being
Amercible, or Amenable to the Court within the provision of the law, And
then the Question might which of them; And to decide that, it was urged on
the part of Mr. Waller that the Clerk of the Peace for time being (not
that theres any such des [..] found in the books) was the person; and he
was Mr. Butler, we say [..] The Clerk of the Peace who transacted the business
and made the Minutes [..] tries [..] Clerk of the Peace for the time being
altho he were displaced at [..] or the return; and with that [..]
corresp [..] opinion [..] he Sher [..] ation.