I am directed by the Board of Trade to acknowledge the receipt
of Mr Holland's letter of the 11th Instant, transmitting for
any observations which may occur to them a copy of an ordinance,
by the Legislature of British Columbia "to prevent desertion
from British Ships."
In
In returning the Ordinance herein I am to state that while the
Board of Trade think that the Ordinance may be left to its
operation they fear that it will be very difficult to prove any
offence against it.
In their opinion the penalty under the 1st Section, for
inciting Seamen to desert and harbouring deserters should be
inflicted in all cases in which the defendant cannot prove that
he or she had no means ofknowing knowing and did not know that the
Seaman or Apprentice was so harboured or secreted.
This is the principle upon which the law with regard to the
prosecutions of persons for illegal possession or secreting of
wreck[s] is framed, and the Board of Trade are of opinion that it
would be well to adopt it in regard to crimping.
I have the honor to be,
Sir,
Your obedient Servant Thomas Gray
Sir F. Rogers
Before sanctioning the Ordinance we must wait for the answer
from the Admiralty. When sanctioning it, state that the
ordinance was referred to the B of Trade & that their Lordships
have suggested &c (embodying the report) & request that this
point may receive consideration.