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<p n="794">Shortly before the Estreating Session [October] it has been the Custom to<lb></lb>
send Letters to the assaulting parties, to shew Cause thereat, why their<lb></lb>
Recognizances should not be Estreated: which Notices have brought many<lb></lb>
to come to Tryal, or to agree with their Prosecutors, and to submit to Fires<lb></lb>
or procure a stay of Proceedings; and so ended the Suits: and others who<lb></lb>
had not been prosecuted were brought in to Pay their discharge Fees wch<lb></lb>
saved them from being Estreated; and accordingly have been taken out of<lb></lb>
the Estreat</p>
<p n="795">These Notices served likewise to discover and rectify any mistake in<lb></lb>
the Justices Clerks, or Clerk of the Peaces Clerks that might have intervened by<lb></lb>
misroturns misentries missions of Entries or otherwise; and therefore<del>so</del>
have<lb></lb>
been look'd upon as indispensible</p>
<p n="796">This Duty of Estreating was done by Mr. Jefferson as Mr. Waller's<lb></lb>
Deputy in Michas Term 1769 and at Christmas '69 he quitted that<lb></lb>
Employment, and delivered up every thing necessary for the future Estreat<lb></lb>
and Execution of the Office and</p>
<p n="797">From that time till September following Mr. Waller Executed the<lb></lb>
Office assisted by Mr. <rs type="persName" id="LMSMPS50604_n797-1">David Rees</rs>
<interp inst="LMSMPS50604_n797-1" type="given" value="David"></interp>
<interp inst="LMSMPS50604_n797-1" type="surname" value="Rees"></interp>
<interp inst="LMSMPS50604_n797-1" type="gender" value="male"></interp>
, when</p>
<p n="798">Being displaced, and succeeded by <rs type="persName" id="LMSMPS50604_n798-1">Thomas Butler</rs>
<interp inst="LMSMPS50604_n798-1" type="given" value="Thomas"></interp>
<interp inst="LMSMPS50604_n798-1" type="surname" value="Butler"></interp>
<interp inst="LMSMPS50604_n798-1" type="gender" value="male"></interp>
<rs type="occupation" id="LMSMPS50604_occ202">Esquire</rs>
<interp inst="LMSMPS50604_occ202" type="occupation" value="Esquire"></interp>
Mr<lb></lb>
Butler made a demand of all the Books and Records of the Office which<lb></lb>
(except a few) were refused by Mr. Waller, who contended for Res<obscured></obscured>
upon to the Office<gap reason="illegible"></gap>
And<lb></lb>
so the Estreating Sessions passed over without any Notices being sent to the<lb></lb>
parties outstanding in the 7 Sessions of October December January,<lb></lb>
February, April, May, and July preceding</p>
<p n="799">And all that Mr. Butler could do after obtaining the Opinion of Mr.<lb></lb>
Wells, <rs type="occupation" id="LMSMPS50604_occ203">Deputy Clerk</rs>
<interp inst="LMSMPS50604_occ203" type="occupation" value="Deputy Clerk"></interp>
of Estreats in the Exchequer [E] was to return an<lb></lb>
Estreat of the September Session And further, when called upon by the Order<lb></lb>
mark'd (C) for the purpose of returning an Estreat of the Fine of one Sherlock<lb></lb>
a smugler set September Session, by Agreement as of July Session, and<lb></lb>
there Enter'd, Mr. Butler return'd that, together with same others appearing<lb></lb>
in the same Book And</p>
<p n="800">Mr. Butler as well as Mr. Jefferson (who as it was absolutely necessary to<lb></lb>
have a Person well acquainted wit the duties of the office became his Deputy, and no<obscured></obscured>
<lb></lb>
from other motive) had reason to apprehend that neither of them could be<lb></lb>
call'd on for any farther Estreat of Mr. Waller's time</p>
<p n="801"> And So sensible were the late Sheriff's Agents that Mr. Waller was the only<lb></lb>
proper person to be calld that they applied to the Court to Compel him, as late <rs type="occupation" id="LMSMPS50604_occ204">Clerk of the Peace</rs>
<interp inst="LMSMPS50604_occ204" type="occupation" value="Clerk of the Peace"></interp>
<lb></lb>
to make the return in Question and accordingly, an Order was made which Order<lb></lb>
was enlarged; and by the difficulty of Access to him, much delay was occasioned<lb></lb>
during wch time many of the Suitors<del>were till at Care hour</del>
Sollicitors to get their Recognizance<lb></lb>
discharged<del>and</del>
made frequent Applications for that purpose<del>after their Recognizances, in Order to get them<lb></lb>
discharged</del>
but Mr. Waller still detaining the Books the Sessions could do noting there</p>
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