Page 20

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MichelleWalker at Nov 16, 2020 09:29 PM

Page 20

they removed from the Beach and sold for £11.10.0
or rather it was sold for them by Mr Statters
for that sum and he accounted to them for £6.10.0
only, and lodged the remaining £5 with me. The
sale price was at the rate of 40/ per cwt, which was
its fair value when its damaged condition was taken
into consideration. The first penalty for non
compliance with part 4 of the section in question is,
"He shall forfeit all claim of Salvage"
and secondly -
"Shall pay double the value of such wreck"
- and thirdly -
"Incur a Penalty not exceeding £100."
(The first point upon which I request to be instructed
is, may the sale price of 40/ per cwt be deemed
its fair value) Secondly, as the Tallow is not
divided into Lots am I to proceed against each
for double the value of the full quantity of £ 5.3.0
or £23.0.0
And Thirdly
The additional Penalty of not
exceeding £100," - I assume I must leave to the
Magistrate. _ I put this last question because the
whole of the men against whom I am directed to
proceed are poor, and the Magistrates who will
have the cases - being country gentlemen, may
deem one Penalty sufficient unless I can clearly
show them that the Law imperatively requires
a second Penalty. I will also thank you to
point out to me the section which gives power
to the Magistrate to hear the cases, and whether
they can be heard by one magistrate. It would
be more convenient if the stipendiary magistrate
at Hull could hear all these cases, - I have
conferred with him on the subject and he has
informed me that as the men reside away
from Hull (20 or 25 miles) although the Tallow
was sold here, he has no jurisdiction unless

Marginalia:

top right corner: 97

Page 20

they removed from the Beach and sold for £11.10.0
or rather it was sold for them by Mr Statters
for that sum and he accounted to them for £6.10.0
only, and lodged the remaining £5 with me. The
sale price was at the rate of 40/ per [cent?], which was
its fair value when its damaged condition was taken
into consideration. The first penalty for non
compliance with part 4 of the section in question is,
"He shall forfeit all claim of Salvage"
and secondly -
"Shall pay double the value of such wreck"
- and thirdly -
"Incur a Penalty not exceeding £100."
(The first point upon which I request to be instructed
is, may the sale price of 40/ [per?] [cent?] be deemed
its fair value) Secondly, as the Tallow is not
divided into Lots am I to proceed against each
for double the value of the full quantity of ^£ 5.3.0
or £23.0.0
And Thirdly
The additional Penalty of not
exceeding £100," - I assume I must leave to the
Magistrate. _ I put this last question because the
whole of the men against whom I am directed to
proceed are poor, and the Magistrates who will
have the cases - being country gentlemen, may
deem one Penalty sufficient unless I can clearly
show them that the Law imperatively requires
a second Penalty. I will also thank you to
point out to me the section which gives power
to the Magistrate to hear the cases, and whether
they can be heard by one Magistrate. It would
be more convenient if the [Stepen?] diary Magistrate
at Hull could hear all these cases, - I have
conferred with him on the subject and he has
informed me that as the men reside away
from Hull (20 or 25 miles) although the Tallow
was sold here, he has no jurisdiction unless

Marginalia:

top right corner: 97