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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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London Lives Book
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Shortly before the Estreating Session [October] it has been the Custom to
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send Letters to the assaulting parties, to shew Cause thereat, why their
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Recognizances should not be Estreated: which Notices have brought many
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to come to Tryal, or to agree with their Prosecutors, and to submit to Fires
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or procure a stay of Proceedings; and so ended the Suits: and others who
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had not been prosecuted were brought in to Pay their discharge Fees wch
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saved them from being Estreated; and accordingly have been taken out of
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the Estreat
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These Notices served likewise to discover and rectify any mistake in
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the Justices Clerks, or Clerk of the Peaces Clerks that might have intervened by
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misroturns misentries missions of Entries or otherwise; and therefore
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so
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have
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been look'd upon as indispensible
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This Duty of Estreating was done by Mr. Jefferson as Mr. Waller's
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Deputy in Michas Term 1769 and at Christmas '69 he quitted that
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Employment, and delivered up every thing necessary for the future Estreat
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and Execution of the Office and
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From that time till September following Mr. Waller Executed the
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Office assisted by Mr.
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David Rees
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, when
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Being displaced, and succeeded by
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Thomas Butler
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Esquire
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Mr
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Butler made a demand of all the Books and Records of the Office which
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(except a few) were refused by Mr. Waller, who contended for Res
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upon to the Office
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And
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so the Estreating Sessions passed over without any Notices being sent to the
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parties outstanding in the 7 Sessions of October December January,
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February, April, May, and July preceding
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And all that Mr. Butler could do after obtaining the Opinion of Mr.
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Wells,
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Deputy Clerk
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of Estreats in the Exchequer [E] was to return an
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Estreat of the September Session And further, when called upon by the Order
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mark'd (C) for the purpose of returning an Estreat of the Fine of one Sherlock
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a smugler set September Session, by Agreement as of July Session, and
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there Enter'd, Mr. Butler return'd that, together with same others appearing
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in the same Book And
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Mr. Butler as well as Mr. Jefferson (who as it was absolutely necessary to
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have a Person well acquainted wit the duties of the office became his Deputy, and no
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from other motive) had reason to apprehend that neither of them could be
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call'd on for any farther Estreat of Mr. Waller's time
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And So sensible were the late Sheriff's Agents that Mr. Waller was the only
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proper person to be calld that they applied to the Court to Compel him, as late
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Clerk of the Peace
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to make the return in Question and accordingly, an Order was made which Order
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was enlarged; and by the difficulty of Access to him, much delay was occasioned
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during wch time many of the Suitors
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were till at Care hour
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Sollicitors to get their Recognizance
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discharged
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and
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made frequent Applications for that purpose
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after their Recognizances, in Order to get them
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discharged
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but Mr. Waller still detaining the Books the Sessions could do noting there
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