Middlesex Sessions:
Sessions Papers - Justices' Working Documents
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October 1770

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accurate memorandums and marks had been continued during the Time they remained in Mr Wallers possion wch was till ye: last Day of Easter sd
whereof has been found to be the Case: so that noting therein can be
relyed on. And if that be the Case with respect of the first 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 Scraps
instead of being immediately Minuted, 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 that it was necessary the Parties shod
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.
Waller's time, there are divers others; to mention a few, Mr Jefferson, who
had been his Deputy: in quitting that employment had effectually discharged
himself of all obligations of that sort: And his undertaking to execute 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 be
which of themAnd to decide that, it was urged on the part of Mr
Waller that the Clerk of the Peace for the time being (not that there's any
such description found in the Books) was the person: and he was Mr
Butler we say no: The Clerk of the Peace who transacted the business
and made the Minutes and Entries, is the Clerk of the Peace for the
return: and with that Idea corresponds Mr. Wells opinion, and the
Sheriffs Application

It was thrown out or insinuated by Mr. Waller, that he had been
turned out shortly before the time of Licencing: which is look'd upon
as a beneficial Article to the office : And also to make Jefferson a better
place of it: Vizt. to double his Salary.

of though those Fees
become payable to
the Clerk of the Peace
for making out the
Regr. for the year
following which
was done by Mr. Jeffn
[..] Deputy


If it were necessary to clear up these matters, the Fees of Lincencing
do not make a penny differences in Jefferson's favour, but far otherwise
for the making the Register thereof a very long and Laborious business
fell upon his Clerks, at an Expence to him of 40s P Week. And besides
thatMr Wallerhimselfby his contending for the right to them either reced several
of them [..] or hindred Mr. Butler from the Receipt thereofAnd
as to Mr. Jefferson's double Salary Mr. Waller Allow'd him £100 and




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