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Crime, Poverty and Social Policy in the Metropolis
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Any the Motive) Cadrenoon to apprehend that neither of them could be called upon for any further
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Estreatof Mr. Wallers times
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And so sensible were the late Sheriffs Agents, that Mr. Waller was the only proper Person
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to be called on, That they applied to the Court to Coinpel him, as late
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Clerk of the Peace
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to make the
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return in Question; and accordingly an Order was Enlarged; And by the
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Difficulty of Access to him, much Delay was Occasioned; during which time in any of the Suitors
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Sollicitous to get their Recogns discharged made frequent Applications for the Purpose, but
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Mr. Waller detaining the Books, the Sessions could do nothing therein more than to respect their
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Orders for Mr. Waller to Deliver themat length
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Mr. Waller being Pressed in the Court of Excheqr for the return of this Estreat a Rule was
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made in Easter Tenn for him to shew Cause against an Attachmt. for not returning it, Whereupon he
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shewed Cause by Affidavits by himself &
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David Rees
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wherein he alledged that he was Arbitrarily
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discharged from his Office in September 1770 & the Key of the Record Room & most of the Records taken
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from him & delivd; to Mr. Butler his Successor who appointed Mr. Jefferson his Deputy, who as he
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believ'd had in his Custody or Power all the Records Books & Papers necessary for making out and
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returning an Estreat between the 4th. Septr. 1769 & 10th. Septr. 1770, And that he (Waller) had not any
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Records Books or Papers to make out And return such Estreat, And Rees alledged that had been
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Preparing an Estreat & should have returned it but was presented by Waller's Discharge and
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several of the Records taken from him; and also several of the Papers among which was the
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Draft (vide the Affidavits themselves)
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27 May 1712
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Upon this shews cause Order (A) was made for Mr. Butler & Jefferson to Answer the Affidavits and set
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forth what Records Etc. they had, & that they all should attend on the last Day of the Term & produce them.
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B
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of Mr Buller &
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in Jefferson sum
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1st June 1772.
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C Affl of
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Jno Parry
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In Obedience to this Order Mr. Butler & Mr; Jefferson attended & Produced all the Records that came
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to their Hands & Verifyed the same by the Affidavits (B and C) wherein they speak to the Demand of
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the Records and what had then been Obtained by them & how, & that the Draftmentd, by Rees they knew
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nothing of, That Mr. Butler had made an Estreat of all he couldThat Mr. Waller Or Mr. Rees had
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several Records necessary for making the Estreat particulary the Sessions Books of 1769 & of Janry
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& Febry 1770 & also the Recogn themselves of Febry April & July (& in fact they had those in
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Septr. 1769 & Janry 1770 also) & that there were not any Records Etc. necessary for making out the
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Estreat in the Record Room as suggested in Waller's Affidavit Etc. Please to peruse there Affidavits
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which contain a very full Answer to those sworn by Waller & Rees.
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Tho' Mr. Waller had been Pleased to Swear he had none of the Records Etc. necessary
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for the Estreat in Question yet when he came to produce, it appeared that he had the
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Principal Part of the Essentials
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Upon the mutual Production of Records the Court contrary to the Expectation of every
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one was pleased to make the Order (D) for those in Mr. Waller's Custody to be delivd.
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in
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to
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Mr. Jefferson & him to return the Estreat & the former Order to be Enlarged to the first day
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of the Trinity Term
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The Chief Ground of this Order, seems to be Jefferson's having been Waller's
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Deputy, for two of the Sessions, vizt. October & December 1769, But'tis Submitted that, that can
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be no reason at all, for the Two Books of those Sessions are or should be in a very clifft. state that
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when Jefferson delivd. them to Waller by the Progress & Conclusion of the Business comenced
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at those Sessions which none but those who attended afterwds, could know unless very accurate
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Memorandum &
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Re
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marks had been continued during the time they remain'd in Mr. Waller's
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Possion (which was till the last Day of the Easter Term) the reverse whereof has been found to
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be the Case, so that nothing therein can be relyed on and if that be the Cave with respect to the
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first two Books the Objection is still greater with respect to the others made & continued entirely
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by Mr. Waller or Rees, And which it seems were not made up & the Recognd set down therein till
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after
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