Page 23

£23. The Magistrates will most likely divide
the Penalty equally or £4.12.0 each - and -
as all the men are poor, probably add 1/ for the
second penalty. And with reference to the 19th
section of the Act 11 & 12 Vict ch 43 as distress warrants
will no doubt be [ominous?] to the men, and their
families - they will have be committed
For how long should they be committed.
[J.H.?]
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J C Dowd Esq London
Sir, 4th April 1858
By the aforegoing it appears that
you are of opinion that in the event of the
parties being committed Gaol, the form of imprisonment
must be left to the parties. Such is not the opinion
of the Justices Clerk. In a conversation I had with
him yesterday on the powers of Justices under the
19th Sect of 11 & 12 Vict c 43 - he referred back to the
518 Sect of M S Act 1854 pt 3 - and observed that in
his opinion, the Justices could not commit for a longer
period than six months - Is that good Law. Not
that I suppose committal for a longer period would
be deserved, - But if the committal should be till
penalty be paid, be so good as to point out to me the
Section. J.S.
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J C Dowd Esq London.
Sir, {N} 5th April 1858.
In returning these papers for recon-
sideration, _ I do so because I was under an impression
that in my first communication of the 12th Ulto, I
had shewn that I had ample evidence to carry
a conviction. In the last paragraph but one I
stated - "Mr Smith has informed me that since
"this inquiry has been on foot he has been informed
"by Leonard Barker that the Tallow he sold him was
"picked up on the sea-shore". ---------The evidence

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