Colonial Despatches

I have the honor to acknowledge the receipt of your Despatch No. 52 of the 29th April enclosing "An Ordinance," No. 14 of 1870 "to prevent desertion from Merchant ships" which has been passed by the Legislative Council ofBritish British Columbia.

This Ordinance has been referred for the consideration of the Board of Trade, who in their reply have expressed a fear that it will be very difficult to prove any offence against the Ordinance. They also consider that the penalty under the 1st Section for inciting Seamen to desert and harboring deserters should be inflicted in all cases in which the defendant cannot prove that he or she had no means of knowing or did not know that theseamen seamen or apprentice was so harboured or secreted.

As this is the principle upon which the Law with regard to the prosecution of persons for illegal possession of secreting of wreck, is framed the Board of Trade are of opinion that it would be well to adopt it in regard to crimping.

Although the preamble of the Ordinance refers to the merchant ships only there may be some doubt whether its provisions would not include deserters from theRoyal Royal Navy. As the Attorney General in his report refers to the cost of sending marines or Seamen in men of War ships from England, it has been thought desirable to ascertain whether the Lords of the Admiralty wished the Ordinance to be applied to deserters from the Royal Navy, their Lordships however have stated in reply that such is not their desire, as the 25th and 26th Sections of the Naval discipline Act apply to any part of Her Majesty's Dominions.

Under thesecircumstances circumstances I have to suggest that the Ordinance No. 14 of 1870 should be repealed, and a new one passed adopting the suggestions of the Board of Trade, and making it clear that the provisions apply to merchant vessels only.