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<p n="802">mars than to repeat their Orders for Mr. Waller to deliver themAt length</p>
<p n="803">Mr.Waller being pressed in the Court of Excheqr for the return of this Estreat<del>and</del>
a Rule was<del>being </del>
made<lb></lb>
in Easter Term for him to shew cause against an Attachment for not returning it whereupon he shewd Cause, by<lb></lb>
Affidavit s of himself and <rs type="persName" id="LMSMPS50604_n803-1">David Rees</rs>
<interp inst="LMSMPS50604_n803-1" type="given" value="David"></interp>
<interp inst="LMSMPS50604_n803-1" type="surname" value="Rees"></interp>
<interp inst="LMSMPS50604_n803-1" type="gender" value="male"></interp>
, wherein he Alledged that he was<lb></lb>
Arbitrarily discharged from his Office in September 1770. And the Key of the<lb></lb>
Record Room and most of the Records, taken from him, and delivered to Mr<lb></lb>
Butler his Successor, who appointed Mr. Jefferson his Deputy, who as he<lb></lb>
believed, had in his Custody or Power all the Records Books and Papers<lb></lb>
necessary for making out and returning an Estreat between the 4th. September<lb></lb>
1769 and 10th. September 1770 And that he (Waller) had not any Records Books<lb></lb>
or Papers to make out and return such Estreat. And Rees Alledged that he<lb></lb>
had been preparing an Estreat and should have return'd it but was prevented<lb></lb>
by Waller's discharge, and several of the Records taken from him; and also<lb></lb>
several of the Papers among which was Draft. (Viz the Affidts themselves)</p>
<p n="804">Upon this, Order (A) was made for Mr. Butler & Jefferson to Answer<lb></lb>
the Affidavits and set forth what Records & they had; And that they all should<lb></lb>
attend on the last day of the Term and produce them.</p>
<p n="805">In obedience to this Order Mr.Butler & Mr. Jefferson attended & produced<lb></lb>
all the Records that came to their Hands and verified the same by the Affidavits<lb></lb>
(B & C) wherein they speak to the demand of the Records And what had then been were obtained<lb></lb>
by them and how, and that the Draft mentioned by Rees they knew nothing of That<lb></lb>
Mr. Butler had made an Estreat of all he couldThat Mr. Waller or Rees<lb></lb>
had several Records necessary for making the Estreat particularly the Sessions<lb></lb>
Books of 1769<del>to October</del>
and of Janry and Febry 1770 And also the Recognizances<lb></lb>
themselves of Febry April May and July (And in fact they had those of Septr<lb></lb>
1769 and Janry 70 also) And that there were not any Records Etc. necessary for<lb></lb>
making out the Estreat in the Record Room as suggested in Waller Affidt. Etc<lb></lb>
please to peruse these Affidts. wch contain a very full Answer to those Sworn by<lb></lb>
Waller and Rees</p>
<p n="806">Thos Mr.Waller had been pleased to Swear he had none of the Record<obscured></obscured>
<lb></lb>
Etc. necessary for the Estreat in question, yet when he came to produce, it appeared that<lb></lb>
he had the principal part of the Essentials</p>
<p n="807">Upon the Mutual Production of Records the Court, contrary to the<lb></lb>
Expectation of every one, was pleased to make the Order (D) for those in Mr.<lb></lb>
Waller's Custody to be delivered to Mr. Jefferson, and him to return the Estreat: and<lb></lb>
the former Order to be enlarged to the first day of the Trinity Term</p>
<p n="808">The Chief ground of this Order, seems to be Jefferson's having been Waller's<lb></lb>
Deputy, for two of the Sessions, Vizt October & December 1769. But 't is submitted<lb></lb>
that that can be no reason at all; for the two Books of those Sessions are or<lb></lb>
should be in a very different state, than when Jefferson delivered ' em to Waller<lb></lb>
by the progress but conclusion of the business commenced at those Sessions<lb></lb>
which none but those who attended afterwards could know, unless very</p>
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