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<p n="947">Any the Motive) Cadrenoon to apprehend that neither of them could be called upon for any further<lb></lb>
Estreatof Mr. Wallers times</p>
<p n="948">And so sensible were the late Sheriffs Agents, that Mr. Waller was the only proper Person<lb></lb>
to be called on, That they applied to the Court to Coinpel him, as late <rs type="occupation" id="LMSMPS50627_occ260">Clerk of the Peace</rs>
<interp inst="LMSMPS50627_occ260" type="occupation" value="Clerk of the Peace"></interp>
to make the<lb></lb>
return in Question; and accordingly an Order was Enlarged; And by the<lb></lb>
Difficulty of Access to him, much Delay was Occasioned; during which time in any of the Suitors <lb></lb>
Sollicitous to get their Recogns discharged made frequent Applications for the Purpose, but<lb></lb>
Mr. Waller detaining the Books, the Sessions could do nothing therein more than to respect their<lb></lb>
Orders for Mr. Waller to Deliver themat length</p>
<p n="949">Mr. Waller being Pressed in the Court of Excheqr for the return of this Estreat a Rule was<lb></lb>
made in Easter Tenn for him to shew Cause against an Attachmt. for not returning it, Whereupon he<lb></lb>
shewed Cause by Affidavits by himself & <rs type="persName" id="LMSMPS50627_n949-1">David Rees</rs>
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<interp inst="LMSMPS50627_n949-1" type="surname" value="Rees"></interp>
<interp inst="LMSMPS50627_n949-1" type="gender" value="male"></interp>
wherein he alledged that he was Arbitrarily <lb></lb>
discharged from his Office in September 1770 & the Key of the Record Room & most of the Records taken<lb></lb>
from him & delivd; to Mr. Butler his Successor who appointed Mr. Jefferson his Deputy, who as he<lb></lb>
believ'd had in his Custody or Power all the Records Books & Papers necessary for making out and<lb></lb>
returning an Estreat between the 4th. Septr. 1769 & 10th. Septr. 1770, And that he (Waller) had not any<lb></lb>
Records Books or Papers to make out And return such Estreat, And Rees alledged that had been<lb></lb>
Preparing an Estreat & should have returned it but was presented by Waller's Discharge and<lb></lb>
several of the Records taken from him; and also several of the Papers among which was the<lb></lb>
Draft (vide the Affidavits themselves)</p>
<p n="950"> <note type="authorial" place="margin">27 May 1712</note>
<lb></lb>
Upon this shews cause Order (A) was made for Mr. Butler & Jefferson to Answer the Affidavits and set<lb></lb>
forth what Records Etc. they had, & that they all should attend on the last Day of the Term & produce them.</p>
<p n="951"> <note type="authorial" place="margin">B <obscured></obscured>
of Mr Buller &<lb></lb>
in Jefferson sum<lb></lb>
1st June 1772.<lb></lb>
C Affl of <rs type="persName" id="LMSMPS50627_n951-1">Jno Parry</rs>
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</note>
<lb></lb>
In Obedience to this Order Mr. Butler & Mr; Jefferson attended & Produced all the Records that came<lb></lb>
to their Hands & Verifyed the same by the Affidavits (B and C) wherein they speak to the Demand of<lb></lb>
the Records and what had then been Obtained by them & how, & that the Draftmentd, by Rees they knew<lb></lb>
nothing of, That Mr. Butler had made an Estreat of all he couldThat Mr. Waller Or Mr. Rees had<lb></lb>
several Records necessary for making the Estreat particulary the Sessions Books of 1769 & of Janry<lb></lb>
& Febry 1770 & also the Recogn themselves of Febry April & July (& in fact they had those in <lb></lb>
Septr. 1769 & Janry 1770 also) & that there were not any Records Etc. necessary for making out the<lb></lb>
Estreat in the Record Room as suggested in Waller's Affidavit Etc. Please to peruse there Affidavits<lb></lb>
which contain a very full Answer to those sworn by Waller & Rees.</p>
<p n="952">Tho' Mr. Waller had been Pleased to Swear he had none of the Records Etc. necessary<lb></lb>
for the Estreat in Question yet when he came to produce, it appeared that he had the<lb></lb>
Principal Part of the Essentials</p>
<p n="953">Upon the mutual Production of Records the Court contrary to the Expectation of every<lb></lb>
one was pleased to make the Order (D) for those in Mr. Waller's Custody to be delivd.<del>in</del>
to<lb></lb>
Mr. Jefferson & him to return the Estreat & the former Order to be Enlarged to the first day<lb></lb>
of the Trinity Term</p>
<p n="954">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'tis Submitted that, that can<lb></lb>
be no reason at all, for the Two Books of those Sessions are or should be in a very clifft. state that<lb></lb>
when Jefferson delivd. them to Waller by the Progress & Conclusion of the Business comenced<lb></lb>
at those Sessions which none but those who attended afterwds, could know unless very accurate<lb></lb>
Memorandum &<del>Re</del>
marks had been continued during the time they remain'd in Mr. Waller's<lb></lb>
Possion (which was till the last Day of the Easter Term) the reverse whereof has been found to<lb></lb>
be the Case, so that nothing therein can be relyed on and if that be the Cave with respect to the<lb></lb>
first two Books the Objection is still greater with respect to the others made & continued entirely<lb></lb>
by Mr. Waller or Rees, And which it seems were not made up & the Recognd set down therein till<lb></lb>
after</p>
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