Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
25 August 1870, CO 60:41, no. 10649, 61.
Abstract
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
25 August 1870, CO 60:41, no. 10649, 61.
Despatch to London.
Minutes (4), Enclosures (untranscribed) (1), Marginalia (1).
No. 117
25th August 1870
My Lord,
I have had the honor to receive Your Lordship's Circular
Despatch of the 27th June conveying the suggestion of the Lords
Commissioners of the Admiralty that measures should be taken for
checking desertions from the Royal Navy, as well by the adoptionof
of the means resorted to in New Zealand, therein mentioned, as
by putting in force the statutory penalty for the offence of
procuring or assisting Desertions under Section 25 of the Act 29
and 30 Vic. C. 109.
of the means resorted to in New Zealand, therein mentioned, as
by putting in force the statutory penalty for the offence of
procuring or assisting Desertions under Section 25 of the Act 29
and 30 Vic. C. 109.
2. On reference to the Attorney General upon this subject, I
find that convictions for inducing Seamen to desert from Her
Majesty's Navy, have been had here under 37 Geo III
Chap. 70. sec. 1 which makes the offence a felony and punishable
with Penal servitude for life or imprisonment for not morethan
than
three years with or without hard labor; and it is presumed that
this Statute will still be held to be in force here.
than
three years with or without hard labor; and it is presumed that
this Statute will still be held to be in force here.
3. The Statute 29 & 30 Vic Chap. 109, Secs. 25 & 26 referred to
in Your Lordship's Despatch provides for a summary conviction,
with a fine not exceeding £30 and £20, respectively, but this
has been found so utterly indequate for the purpose intended,
that all cases of assisting or persuading seamen in Her
Majesty's Navy to desert are now sent up to the Assizes for
trial under the before mentioned Statute of37 Geo
37 Geo. III. Chap.
70.
37 Geo. III. Chap.
70.
4. It is believed that the Senior Naval Officer on this Station
gives rewards for the apprehension of Deserters, and I apprehend
that if the local Government were to do so instead of the Naval
authorities convictions would not be any more frequent than they
are now.
Minutes by CO staff
Sir F. Rogers
See Circular annexed.
See Circular annexed.
The Statute recommended for adoption has been tried in BC
and found utterly inadequate to prevent Desertions from the
Royal Navy. The Law in force in the Colony is much more severe
& makes the offence of inducing Seamen to desert a felony
punishable with penal Servitude for life or imprisonment for not
more than 3 years.
State to the Admy how the Matter stands adding that as in the
case of Prince Edwards Is Ld Kimberley, if their Ldships
concur, proposes to inform the Govr of B.C. that the provisions
of the old act are sufficient.
WR
5/10/70
Documents enclosed with the main document (not transcribed)
Printed circular as per despatch, No. 2, 27 June 1870.